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Home My WebLink AboutAgenda Packet City Council - 10/22/2013 a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, October 22,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Chip Blackshear, First Presbyterian Church C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations /Commendations F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEMS 1 -3) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 1. 13-000971 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding Texas Commission on Environmental Quality rulemaking proceedings pertaining to environmental flow standards for basin and bay system composed of the Nueces River and Corpus Christi and Baffin Bays, with possible discussion and action in open session. 2. 13-000981 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of the City Secretary with possible discussion and action in open session. 3. 13-000880 Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. I. MINUTES: 4. 13-000982 Regular Meeting of October 15, 2013 Attachments: Minutes-October 15, 2013 Corpus Christi Page 2 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: 5. 13-000983 Arts and Cultural Commission Commission on Children and Youth Ethics Commission Attachments: 10-22-13 final K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 6 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 13-000929 Authorization to apply for continued financial assistance from Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Attachments: Agenda Memo-GLO Beach Maintenance application Resolution -GLO beach maintenance application 7. 13-000915 Second Reading Ordinance -Accepting and appropriating additional funding from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program (1st Reading 10115113) Ordinance appropriating $409,664 from the United States Department of Homeland Security - amendment to the Staffing forAdequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighter within the Fire Department Corpus Christi Page 3 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 Attachments: Agena Memo-SAFER Grant Ordinance-SAFER Grant Amendment Notice 8. 13-000918 Second Reading Ordinance - Ratifying acceptance and appropriating the 2013 Emergency Management Performance Grant (1st Reading 10115113) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of$75,325.21 for the Emergency Management Performance Grant (EMPG); and appropriating $75,325.21 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi Attachments: Agenda Memo- EMPG Ordinance- EMPG Award Notice- EMPG Item Detailed List- EMPG 9. 13-000928 Second Reading Ordinance -Accepting and appropriating FY 2013 Elderly Nutrition Program (ENP) Grant Award (1st Reading 10115113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo- ENP FYI 3 Grant Award Ordinance- Elderly Nutrition Program Grant 2013 Attachment- ENP FY'13 Notice of Grant Award 10. 13-000930 Second Reading Ordinance - Revising the membership of the Watershore and Beach Advisory Committee (1st Reading 10115113) Ordinance to revise the membership of the Watershore and Beach Advisory Committee. Attachments: Agenda Memo-Watershore seat name change Ordinance-Watershore seat name change M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and Corpus Christi Page 4 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 voted on individually. O. FIRST READING ORDINANCES: (ITEMS 19 -24) 11. 13-000889 First Reading Ordinance -Accepting and appropriating funds for the Violence Against Women (VAWA) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of$16,573.28 and an in-kind match of$8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. Attachments: Agenda Memo-VAWA approp memo 10.08.2013 revised Ordinance-VAWA grant 2013-Police(revised) Award letter 1314 12. 13-000917 First Reading Ordinance -Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of$88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- PSGP acceptance 10.22.2013 Ordinance- PSGP Grant 2013-Police Award letter 13. 13-000953 First Reading Ordinance -Accepting and appropriating State grant increase to the State Homeland Security Grant Program (SHSP) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into Corpus Christi Page 5 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda Memo-SHSP Ordinance-SHSP Grant Adjustment Notice-SHSP 14. 13-000941 First Reading Ordinance -Accepting and appropriating the FY 13-14 Senior Companion Program (SCP) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. Attachments: Agenda Memo-SCP Grant award 2013 Federal Ordinance-SCP grant award 2013 Federal Attachment-SCP Award Letter 2013 Federal 15. 13-000942 First Reading Ordinance -Accepting and appropriating a local grant for the Senior Companion Program Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of$10,000 from Mirador- to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. Attachments: Agenda Memo-SCP Grant award 2013 Mirador Ordinance- Wrador Grant Acceptance Ordinance Attachments-Award Letter Mirador 16. 13-000943 First Reading Ordinance -Accepting and appropriating a Federal grant for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Corpus Christi Page 6 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 Attachments: Agenda Memo- RSVP Grant award 2013-2014 Ordinance- RSVP Grant award 2013-2014 RSVP Federal Notice of Award 2013-2014 17. 13-000945 First Reading Ordinance -Amending the Code of Ordinances to establish a formal memorial bench and tree program Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. Attachments: Agenda Memo- Memorial Tree and Bench Program Ordinance- Memorial Tree and Park Bench Attachment- Memorial Bench &Tree Program brochure 18. 13-000715 First Reading Ordinance -Adopting amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two; amending budget; appropriating funds for current year in Packery Channel Improvement Program (CIP) Fund; approving contract for continued Packery Channel Monitoring Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone #2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A& M University-Corpus Christi in the amount of$349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. Attachments: Agenda Memo- Packery Channel Ordinance- Packery Channel Project Budget- Packery Channel Monitoring 13-14 Contract- Packery Channel Monitoring 13-14 Location Map PowerPoint- Packery Channel Monitoring 13-14 DRAFT Corpus Christi Page 7 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 19. 13-000948 First Reading Ordinance -Construction Contract for Oso Bay Area Park Development, Phase 2 (BOND 2008) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek/ Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. Attachments: Agenda Memo-Oso Park, Phase 2 Ordinance-Oso Park Phase 2 Budget-Oso Park, Phase 2 Location Map-Oso Park, Phase 2 Additive Alternates-Oso Park, Phase 2 WITH BIDS PowerPoint-Oso Bay Park Phase 2 20. 13-000951 First Reading Ordinance -Lease Agreement for farm and grazing airport acreage Ordinance authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of $15 per leased acre for a term of five 5 years. Attachments: Agenda Memo- KeIIy Lease 10-22-13 Ordinance- KeIIy Lease 8-26-13.pdf Agreement- KeIIy Farm Lease- Partially Executed 21. 13-000924 First Reading Ordinance - Agreement and appropriation of funds for disposal of brush, bulky items, and construction and demolition materials Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Corpus Christi Page 8 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 Expenditures by $150,000.00 each. Attachments: Agenda Memo 3-Gulley-Hurst Landfill Agreement Ordinance 3-Gulley-Hurst Landfill Agreement Gully-Hurst Landfill Agreement 22. 13-000955 First Reading Ordinance -Service Agreement and appropriation of funds for a route optimization program for Solid Waste Services Ordinance appropriating $335,196 from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029915 by increasing appropriations by $335,196 in the No, 1020 General Fund; and awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. Attachments: Agenda Memo- Route Optimization Program Ordinace--10-9-13-V4 Ordinance- Route Optimization Program 10-10-13 Matrix- Route Optimization Program 10-9-13 23. 13-000966 First Reading Ordinance - Hotel Occupancy Tax Funds for Convention Center Capital/Maintenance Ordinance appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. Attachments: Agenda Memo- HOT Fund Appropriation Ordinance- HOT Fund Appropriation 24. 13-000952 First Reading Ordinance - Ratifying the acceptance of and appropriating State grant; execution of contract for early childhood literacy programs Ordinance ratifying the acceptance of a $7,525 grant from the Texas State Library and Archives Commission (TSLAC) and execution of the contract and all related documents with TSLAC to participate in the Impact Grant Program for the period of September 1 , 2013 through August 31, 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No. 1068 to continue the TSLAC Impact Grant Program through the period of September 1 , 2013 through August 31, 2014. Corpus Christi Page 9 Printed on 211812014 City Council Meeting Agenda-Final October 22, 2013 Attachments: Agenda Memo- IMPACT Grant Funds 2013 Ordinance-TSLAC IMPACT grant 2013- Library.pdf Contract- IMPACT Grant 475-14009.pdf P. FUTURE AGENDA ITEMS: (ITEMS 25 -27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 25. 13-000959 Purchase of specialized equipment for emergency response capabilities Motion authorizing the purchase of specialized equipment for a total amount of$76,864.19 utilizing funds from the 2011 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. Attachments: Agenda Memo- Purchase of Specialized Equipment 26. 13-000919 Contract for Vital Statistics Unit grant for administration of duties A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State; and to ratify acceptance of the contract to begin as of September 1, 2013. Attachments: Agenda Memo- FY 13-15 Vital Statistics.pdf Contract-Vital Statistics 09.16.2013.pdf 27. 13-000944 Resolution amending council policy number nine Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g.; and reaffirming the objectives and guidelines of the policy. Attachments: Agenda Memo-Council Policy No. 9 Resolution -Amending Council Policy No 9 Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. R. ADJOURNMENT Corpus Christi Page 10 Printed on 211812014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, October 15,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Chaplain Lynn Blackler, CHRISTUS Spohn Health System Chaplain Blackler gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Mr.Steve Klepper,Strategic Management and Budget Manager gave the Pledge of Allegiance. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Assistant City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Note: Councilmember Scott arrived at 11:41 a.m. Charter Officers: City Manager Ron Olson, First Assistant City Attorney Alison Logan,and Assistant City Secretary Rebecca Huerta. Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations /Commendations None. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and called for City Manager's Comments. City Manager Ron Olson reported on the following issues: 1) Corpus Christi Page 1 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 BikeFest was held over this past weekend and was a first time event in Corpus Christi with an estimated 16,000 visitors,approximately 5,000 hotel rooms booked and an estimated economic impact of$6 million. 2)The City has received rain over the last couple of months with various amounts falling throughout the City but very little in the storage basin. Mr. Olson reported that this week's rain brought significant amounts to the storage basin and will receive a report on the actual percentage increase. 3)The changes to the Utilities Office Collections began in October and staff has encountered a few glitches that need to be modified. Staff has currently suspended disconnects and should be back on track at the beginning of next month.4)The Fire Department's consultant, MGT of America is in Corpus Christi conducting the interview process of the contract. 5)City Manager Olson announced that Assistant City Manager interviews are being conducted this week.6) Mr. Olson asked Interim Assistant City Manager Mark Van Vleck to provide a brief overview of the implementation of the street fee and the street preventative maintenance program schedule.7)City Manager Olson asked Strategic Management and Budget Manager Steve Klepper to provide a preview of the work on the City Performance Reporting (CRP) Program. Mr. Olson outlined the duties of the City Manager including providing leadership,advising the City Council, managing City operations;and external representation. Mr. Olson discussed the steps of the strategic plan developed for the City. Mr. Klepper presented the business plans for City departments and provided an on-line demonstration of the CRP outlining the framework of how the City departments are performing. 8) Mr. Olson congratulated Mayor Martinez for being selected President Elect of the Texas Municipal League. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Mayor Martinez deviated from the agenda and called for public comment. Colin Sykes spoke against the bond proposition for Destination Bayfront and stated Corpus Christi Page 2 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 that the City has other important issues to address.Abel Alonzo spoke in support of Destination Bayfront because of the economic impact it will provide to the City and increase sales tax funding for Crime Control,the Regional Transportation Authority, and the Type A Board.Juan Ariaza stated that he is a victim of retaliation based on false allegations because he is looking into certain issues in the City. H. EXECUTIVE SESSION: (ITEM 1) 1. Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. This E-Session Item was withdrawn. I. MINUTES: 2. Regular Council Meeting of October 8, 2013 A motion was made by Council Member Chad Magill,seconded by Council Member Mark Scott, that the Minutes be passed.The motion carried by an unanimous vote. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: None. L. CONSENT AGENDA: (ITEMS 3 - 17) Approval of the Consent Agenda Mayor Martinez called for the consent agenda.There were no comments from the public or the Council. The consent agenda was passed on one vote as follows: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 3. Purchase of Victory Police Motorcycles Motion approving the purchase of four (4) police motorcycles from Corpus Christi Page 3 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas for an estimated expenditure of$114,364.00, of which $110,614.00 is required for the remainder of FY 2013-2014. Funding is available in the FY 2013-2014 Capital Outlay Budget. This Motion was passed on the Consent Agenda. Enactment No: M2013-156 4. Construction contract for the Public Safety Warehouse Re-Bid (Bond 2008) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Henock Construction from San Antonio, Texas in the amount of$2,103,883.77, for the Public Safety Warehouse Re-Bid project for the base Bid plus Additive Alternates 1, 2 & 3 (Bond 2008). This Motion was passed on the Consent Agenda. Enactment No: M2013-157 5. Engineering Construction Contract for Lifecycle Curb and Gutter Replacement Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $386,350.00 for the Base Bid for Lifecycle Curb and Gutter Replacement for the Indefinite Delivery/Indefinite Quantity (IDIQ) contract base year. This Motion was passed on the Consent Agenda. Enactment No: M2013-158 6. Engineering Design Contract Amendment No. 1 for High Service Pump Building No. 3 (HSPB No. 3) at the O. N. Stevens Water Treatment Plant Motion authorizing the City Manager or designee to execute the Amendment No. 1 to the Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $2,358,103.00, for a total restated fee of$2,405,603.00 for the 0.N. Stevens Water Treatment Plant High Service Building No. 3. This Motion was passed on the Consent Agenda. Enactment No: M2013-159 7. Certification of 2013 Tax Levy Motion approving the 2013 Property Tax Levy of$89,809,808.21 Corpus Christi Page 4 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 based on the adopted property tax rate of$0.585264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. This Motion was passed on the Consent Agenda. Enactment No: M2013-160 8. Supporting potential Federal Transit Administration (FTA) grantee status for the City and authorizing a Memorandum of Understanding with the Corpus Christi Regional Transit Authority and the Corpus Christi Metropolitan Planning Organization for grant coordination Resolution in support of the City of Corpus Christi (City) becoming a Federal Transit Administration (FTA) grantee and authorizing the City Manager or designee to file documentation necessary for the City to achieve FTA grantee status; and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Regional Transit Authority and the Corpus Christi Metropolitan Planning Organization to provide for transportation grant coordination. This Resolution was passed on the Consent Agenda. Enactment No: 029971 9. Second Reading Ordinance -Accepting and appropriating the FY 13 Edward Byrne Memorial Justice Assistance Grant for crime control and prevention (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of$162,583 for the FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $162,583 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds to be distributed to Nueces County This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029972 10. Second Reading Ordinance -Accepting and appropriating the Victims of Crime Act(VOCA) Outreach Program grant within the Police Department for Year 1 (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$67,660.55 to establish the Corpus Christi Page 5 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of$13,533.07 and an in-kind match of $3,382.07 from the No. 1020 Police General Fund; Appropriating the $67,660.55 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of$13,533.07 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of$84,575.69. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029973 11. Second Reading Ordinance -Accepting and appropriating the Victims of Crime Act Grant(VOCA)within the Police Department for Year 14 (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$79,188.69 for Year 14 of the Victims of Crime Act Grant (VOCA) Program within the Police Department with a City match of$16,964.54 and an in-kind match of $4,000 from the No. 1020 Police General Fund; appropriating the $79,188.69 in the No. 1061 Police Grants Fund for the VOCA grant in the Police Department; and authorizing the transfer of$16,964.54 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $100,153.23. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029974 12. Second Reading Ordinance -Accepting and appropriating a Continued Services "Bundle" Grant from the Department of State Health Services (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of$726,622 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2013 through August 31, 2014; and to ratify acceptance of the grants to begin as of September 1, 2013. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029975 13. Second Reading Ordinance -Accepting and appropriating State grant for bay water sample analysis (1st Reading 1018113) Corpus Christi Page 6 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant of$22,500 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2013 through August 31, 2014; and to ratify acceptance of the grant to begin as of September 1, 2013. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029976 14. Second Reading Ordinance - Appropriating funds to reimburse developer for construction of wastewater collection line (1st Reading 1018113) Ordinance appropriating $63,794.00 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse 15T Investments, LLC., ("Developer"), for the extension of a 10-inch sanitary sewer collection line, including all related appurtenances for development of Lot 2, Block 13 Airport Industrial Subdivision, as specified in the wastewater collection line extension construction and reimbursement agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029977 15. Second Reading Ordinance -Appropriating funds to reimburse Wal-mart Real Estate Business Trust for the shared cost to construct Dunbarton Oaks Drive for Cimarron Estates (1st Reading 1018113) Ordinance appropriating $647.90 of interest earned in the NO. 4730 Infrastructure Fund and transfer to NO. 3530 Streets CIP Fund; and appropriating $102,218.24 from the NO. 4730 Infrastructure Fund to reimburse Wal-Mart Real Estate Business Trust; and approving $194,180.07 to reimburse Wal-Mart Real Estate Business Trust from the NO. 4730 Infrastructure Fund for%2 street construction cost of constructing Dunbarton Oaks Drive, for Cimarron Estates. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029978 16. Second Reading Ordinance -Accepting and appropriating Keep America Beautiful Grant for National Day of Action and Great American Clean Up Events (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $1,000 grant from Corpus Christi Page 7 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 Keep America Beautiful for National Day of Action and the Great American Clean Up Events in the No. 1051 Solid Waste Grant Fund to be used to reimburse for National Day of Action expenses. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029979 17. Second Reading Ordinance -Accepting and appropriating grant for Cigarette Litter Prevention Program (1st Reading 1018113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $2,000 grant from Keep America Beautiful's Cigarette Litter Prevention Program in the No. 1051 Solid Waste Grant Fund to fund projects, activities and clean ups associated with Cigarette Litter Prevention. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029980 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 18 -21) 18. First Reading Ordinance -Accepting and appropriating additional funding from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program Ordinance appropriating $409,664 from the United States Department of Homeland Security - amendment to the Staffing forAdequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighter within the Fire Department Mayor Martinez referred to Item 18. Fire Chief Robert Rocha stated that the purpose of this item is to accept a supplemental grant from the Staffing for Adequate Fire and Emergency Response(SAFER)Grant for the third year salary and benefit costs for eight(8) military veteran firefighters.There were no comments from the public or the Council.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Corpus Christi Page 8 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 19. First Reading Ordinance - Ratifying acceptance and appropriating the 2013 Emergency Management Performance Grant Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of$75,325.21 for the Emergency Management Performance Grant (EMPG); and appropriating $75,325.21 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi Mayor Martinez referred to Item 19. Fire Chief Robert Rocha stated that the purpose of the item is to ratify acceptance of the Emergency Management Performance Grant(EMPG)in the amount of$75,325.21. There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member McIntyre Abstained: 0 20. First Reading Ordinance -Accepting and appropriating FY 2013 Elderly Nutrition Program (ENP) Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. Mayor Martinez referred to Item 20. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate the grant funds for the Elderly Nutrition Program. There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member McIntyre Abstained: 0 21. First Reading Ordinance - Revising the membership of the Watershore and Beach Advisory Committee Ordinance to revise the membership of the Watershore and Beach Advisory Committee. Corpus Christi Page 9 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 Mayor Martinez referred to Item 21. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to request an amendment to revise the Watershore and Beach Advisory Committee membership. Mr. Morris stated that it is difficult to fill the seat designated for an owner of the hotel or condo on the Island and recommends changing the language to a representative of a hotel. There were no comments from the public or Council. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEM 22) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff did not have a presentation for Item 22. 22. Authorization to apply for continued financial assistance from Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was recommended to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 23 -26) 23. Adopting the Federal Legislative Policy for the 113th Congress Mayor Martinez referred to Item 23. Director of Intergovernmental Relations Tom Tagliabue introduced the City's federal relations representative Larry Meyers, President of Meyers and Associates,who assisted with the presentation. Mr.Tagliabue stated that the purpose of this item is to present a list of policy issues to adopt as legislative priorities. Mr.Tagliabue referred to a presentation outlining the delegation members,the legislation the City generally supports and opposes;and the priority policy topics including tax policy, Housing and Urban Development(HUD), appropriations, military installations,transportation infrastructure and development, the Gulf of Mexico, Environmental Protection Agency(EPA), Clean Water Act Renewal, Water Resources Development Act(WRDA), higher education,appointment for the U.S. District Judge for the Corpus Christi District,and flood insurance. Council members spoke regarding the following topics:a specific time for the Clean Water Act; unfunded mandates;the National Flood Insurance Program; funding for Community Development Block Grants;taxation of the interest Corpus Christi Page 10 Printed on 10/17/2013 City Council Meeting Minutes October 15, 2013 earned by investors on bonds issued by municipalities; and the Market Place Fairness Act. 24. Blue Ribbon Task Force Mayor Martinez referred to Item 24. Director of Water Utilities Gus Gonzalez stated that the Water Department in conjunction with the Mayor's Blue Ribbon Task Force is working to implement a plan to help sustain a growing economy by developing a water supply business plan. Mr. Gonzalez introduced Dr. Robert Furgason to present the presentation.Other members of the Task Force present included Frank Brogan, Bill Hennings,Jim Naismith, Dr. Paul Orser and Valerie Pompa. Dr. Furgason discussed the recommendations of the Task Force including to create a dynamic, integrated water development plan to 2050;strong support for the completion of Mary Rhodes Pipeline Phase II; various alternatives for surface water; groundwater opportunities, use of desalination;and changes to the City's administrative structure. Council members asked questions regarding consideration of impact fees and the legislation required;the business plan for the Water Department; identifying ground water supply;action plan for desalination;consolidation of water and wastewater;the groundwater management areas and districts; industry rate structure;standardizing contracts and timeframes; restructuring the financing of water;and whether desalination would be the best practice for conservation. Council members strongly supported the need to move forward with the Mary Rhodes Pipeline Phase II and including the reuse of existing water into the business plan. 25. Corpus Christi Regional Economic Development Corporation Quarterly Report Mayor Martinez referred to Item 25. Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation (EDC) presented the quarterly update including the 2013 economic trends for employment and building permits;an activity summary for business attractions and existing industry; successes; and external marketing opportunities. Mayor Martinez called for a 20-minute recess. 26. Litter Reduction Plan Update Mayor Martinez reconvened the council meeting and referred to Item 26. Interim Assistant City Manager Mark Van Vleck provided an update on the progress of the Litter Reduction Plan. Mr.Van Vleck reported that staff has been working on a strategic plan to reduce litter by developing five(5)focus categories including measurement;education and awareness;enforcement; improvements;and ordinances. R. ADJOURNMENT The meeting was adjourned at 3:58 p.m. Corpus Christi Page 11 Printed on 10/17/2013 a. ARTS AND CULTURAL COMMISSION — Three (3) vacancies with terms to 9-01-16 representing the following categories: 1 — Performing Arts, 1 — Business Development Groups/Corporate Representative, 1 — Public Art/Public Space. (Appointed by the Mayor with approval of the City Council.) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: Nine (9) members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) Marketing Representatives (1) Economic Development/Tourism representative; (1) Public Space/Public Art representative; (1) Youth/Education representative; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; and (1) Business Development Groups/Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE ***Heidi Hovda (Performing Arts) 9-01-13 6-12-07 Joseph B. Schenk(Visual Arts) 9-01-15 3-11-08 ****Dianna Bluntzer-Dura (Public Art/Public Space) 9-01-13 9-29-09 **Karina Carlisle (Business Dev Grp/Corporate) 9-01-13 12-8-09 Paul Duke (Architecture) 9-01-14 5-08-12 Patricia Reinhardt-Mondragon (Youth/Education) 9-01-14 4-10-12 Brad Kisner(Higher Education) 9-01-14 4-10-12 Cathy Harrison (Economic Dev./ Tourism) 9-01-15 9-25-12 Stephen Rybak(Marketing) 9-01-15 9-25-12 Council Liaison: Nelda Martinez, Council Member Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dianna Bluntzer(Publ. Art/Space) 11 7(lexc.) 64% INDIVIDUALS EXPRESSING INTEREST: Dianna Bluntzer 3117 Topeka St, 78404 Director, Art Center of Corpus Christi. She studied at Jesuit Universities in New Orleans and Mexico City prior to completing her BA in Art History at the University of Texas, Austin. She was awarded the Margaret McDermott Graduate Internship at The Dallas Museum of Art and remains the only undergraduate to have received that honor. Dianna was selected to join Sotheby's for a one year intensive training program in London. Activities include: Arts & Culture Commission since 2009, downtown Rotary Club, Esperanza Garden Club and a legacy member of The Pan American Roundtable. (Public Art/Public Space) (10114113) Craig Brashears 3201 La Rochelle Way, 78414 Associate Professor of Drama, Scenic and Lighting Director, Del Mar College. Received BA in Theatre from Texas A&M University-College Station, and MA of Fine Arts in Theatre Design from Utah State University. Activities include: Sparkling City Light Opera, Corpus Christi Live!, Friend of the Arts — Wynn Seale Academy, U.S. Institute for Theatre Technology, Illustrator, Thinking Like a Director by Michael Bloom (2"d ed. Publ. 2002), National Finalist for The Machine, Kennedy Center-American College Theatre Festival. (Performing Arts) (9104113) Sean Mintz 102 Amistad, 78404 Chief Operating Officer, Centurion Medical Liability Protective. Received a BA from Austin College in Sherman, Texas. Received a Faculty of Medicine - Tijuana, Mexico International VIIDAI, with University of Baja, California, and obtained a Master of Public Health, Environmental & Occupational Health from San Diego State University. Previous President of Environmental Solutions - Bioremediation and Microbial Solutions, Previous Owner of the following businesses: Mako Communications - Television Broadcast, Mako GP - Oil & Gas Exploration and Production, Maxim Capital - Venture Capital - Film Production, Panevia Corporation - Land Development, Transload Equipment. Activities include: Master Mason - Corpus Christi Lodge #189, CC Yacht Club, CC Pistol & Rifle Club, Port Aransas Rod & Reel Club, Art Museum of South Texas. (Business Development Group/Corporate) (7122113) Sharon Custer Sedwick 5501 Sarazen, 78413 Owner/President, A Different Idea Inc./Newton Manufacturing. Activities include: K Space Contemporary. Former activities include: Corpus Christi YWCA, YWCA's Y Women In Careers, and American Cancer Society. (Business Development Group/Corporate) (11/07/11) Rebecca S. Stone 137 Rossiter St., 78411 Executive Vice-President and Chief Funding Officer, Kleberg First National Bank. Sits on the Bank's Asset and Liability Committee. Attended Del Mar College and Texas A&M University-Corpus Christi where she received a BA in Psychology. Graduate with highest honors of the School for Bank Administration at the University of Wisconsin, Madison. She also served as adjunct faculty member, lecturer and section leader. Activities include: participated in various community activities and sat on various Business and Banking Boards with officer roles. (Business Development Group/Corporate) (10108113) b. COMMISSION ON CHILDREN AND YOUTH — One (1) vacancy with term to 5-01-14 representing the category of At Large. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthen communications and encourage partnerships between public and private entities working with children and youth, and serve as an advocate of local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. COMPOSITION: The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. Members shall be representative of each of the following fields: 1 - Health and Human Services, 1 - Law Enforcement, 1 - Education, 1 - Youth and Family Services, 1 - Nueces County District Attorney's Office, and 3 — At Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member who ceases substantial activity in the field or office represented automatically resigns from the commission. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD. DATES Fran Willms (At Large) 5-01-15 9-25-07 Dr. Ridge Hammons (Education), Chair 5-01-16 5-11-10 ****Delia Oliveira (At Large) 5-01-14 5-11-10 Danny Kollaja (At Large) 5-01-14 3-29-11 Clarissa Silva(D.A.'s Office) 5-01-15 7-26-11 Denise Etheridge (Youth Rep.) 5-01-16 1-24-12 Linda Hodge-Gambrill(Youth&Family Svcs.) 5-01-15 5-08-12 Heather Butscher(Health&Human Svcs.) 5-01-16 8-14-12 David Dow(Law Enforcement) 5-01-14 9-10-13 Capt. Tim Wilson (Police Off.) Advisory 12-06-95 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Warren W. Andrich 1400 Ocean Drive, 78404 President/CEO, Corpus Christi Association of REALTORS. Long-time advocate of local issues in most communities where he has resided. Was active in local political affairs with the school board in Salem, Oregon, as well as Little League Baseball as both coach and board member. Has been a resident of Corpus Christi for one year. (At Large) (9120113) Richard Burnett 4421 Gaines St., 78412 Assistant Director of Strength and Conditioning, Texas A&M University-Corpus Christi. Received a BS in Kinesiology — Exercise Science and an MS in Kinesiology. Certifications include: National Strength and Conditioning Assn., and Collegiate Strength and Conditioning Coaches Assn. Activities include: American Heart Association's Heart Walk at Whataburger Field, volunteered with Mayor's Fitness Council working with Pinnacle Performance and Fitness. (At Large) (7116113) Rose Mary Knippa 422 Longview East, 78408 Self-Employed/Owner. Valdez Fleet Sales, Wholesale Vehicles. Attended Del Mar College, Business College. Retired from telephone company as manager of sales, training, safety, office set-up. Activities include: served on ARB for six years. (At Large) (8121113) Brian Solarek 14018 Hawsknest Bay Dr, 78418 Global Services & Support Logistics Leader, the Boeing Co. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania, and a Bachelors in Marketing/Management from Kutztown University. Very willing and interested to serve on a City Board. (At Large) (09/25/12) C. ETHICS COMMISSION — Two (2) vacancies with terms to 10-1-16. (Requires a 213 vote of the full City Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGINAL MEMBERS TERM APPTD. DATE William Strawn 10-01-14 06-09-09 Haysam D. Dawod, Chair 10-01-14 07-20-10 *Ken Bung 10-01-13 10-12-10 *Harry Hallows 10-01-13 10-12-10 Larry L. White 10-01-14 11-08-11 Karon K. Connelly, Vice-Chair 10-01-15 06-19-12 Arthie Lee Brown 10-01-15 12-18-12 Alicia G. Benavidez 10-01-15 12-18-12 Rod Wolthoff 10-01-16 07-09-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Ken Bung 9 8(1 exc.) 89% Harry Hallows 9 8(1 exc.) 89% OTHER INDIVIDUALS EXPRESSING INTEREST: Margareta Fratila 3606 Tripoli Dr., 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (7118113) Jack Gordy 4118 Bray, 78413 Retired U.S. Navy Chief Petty Officer. Attended Del Mar College. President of Channel 10 Public Access for 9 '/2 years. (7123113) Lyndon E. Smiling 221 Clearview Dr, 78418 Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry-Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) d. PARKING ADVISORY COMMITTEE — Three (3) vacancies with three-year staggered terms representing the following categories: 1 — nominee of the Building Owners & Management Assn., 1 — nominee of the Convention and Visitors Bureau, 1 — Owner of residential living property in the City Center* area. (Staff is recommending postponement of the CVB nominee category and the residential property owner in City Center*area pending the consideration of amending the ordinance on the committee's membership composition.) DUTIES: To provide advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of the Code of Ordinances, Chapter 53 including: On-street and off-street parking, special events, and revitalization projects within the city center; developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities; parking and signage programs and city center concerns; the location,time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators; expenditure or usage of Parking Improvement Fund; parking improvement; and participate with the county on parking enhancement and city center revitalization matters. COMPOSITION: Eleven (11)voting members and three (3) non-voting advisory members appointed by the City Council comprised of the following: one (1)member nominated by the District Council Member who represents the downtown area;two (2) members nominated by the Downtown Management District; one (1) member nominated by the Corpus Christi Beach Task Force; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitor's Bureau; two (2) members who shall represent downtown residential interests—one (1)member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center* Area; and one (1) member to represent the community at large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non-voting advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary's Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31st of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice-chairperson, and who shall serve for a one-year term. ORIGINAL MEMBERS TERM APPTED.DATE Ginny Price (District 1Council Member nominee) 7-31-16 5-14-13 Jennifer Perales (DMD representative) 7-31-15 5-14-13 Linda K. Sutton(DMD representative) 7-31-15 5-14-13 Lynn Frazier(Corpus Christi Beach Task Force) 7-31-16 5-14-13 Darlene K. Gregory(Uptown Nbrhd. Init.), Chair 7-31-15 5-14-13 Lawrence W. Virts (Bldg Owners &Mgmt Assn) 7-31-15 5-14-13 Fay Crider(Residential;pkng. meters collected) 7-31-16 5-14-13 Richard Durham(Community At Large), Vice-Chair 7-31-15 5-14-13 **Vacant(Building Owners &Mgmt. Assoc. rep.) 7-31-16 Vacant(Residential,prop owner in City Center*) *Defined as Uptown/Downtown/CC Beach Area Vacant(Convention&Visitors Bureau rep.) City Manager or designee non-voting member Police Chief or designee non-voting member Parks and Recreation Dir. or designee non-voting member Legend: **Vacant seat INDIVIDUAL EXPRESSING INTEREST: Jim Swan 7622 Outreau, 78414 Owner/President, Med Realty Asset Management Services. Obtained a BBA and MBA from Baylor University, Waco, Texas. Has been a past President and member of Building Owners and Managers Association (BOMA) for over 20 years. (Building Owners&Management Assn.Rep.) (06121113) SC j2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 15, 2013 Action Item for the City Council Meeting of October 22, 2013 DATE: September 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties so the reimbursement amount varies from year to year. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY12 and FY13, the City received $62,757.75 and $67,737.35 respectively. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget n/a 0 0 Encumbered / n/a 0 0 Expended Amount This item n/a 1 $45,000 $457000 BALANCE n/a 1 $457000 1 $457 000 FUND(S): The revenue from this reimbursement program is budgeted in General Fund 1020. Comments: The FY13 revenue estimate for GLO Reimbursement of $45,000 is lower than actual revenue received during FY13. The Texas General Land Office notified participants that reimbursement would be lower during the FY13-14 funding year. RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guarding, and police patrols at North Padre and Mustang Islands and to execute all necessary documents in connection with the reimbursement application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott s o � AGENDA MEMORANDUM /NC IF fit I First Reading Ordinance for the City Council Meeting of Oct. 15, 2013 1852 Second Reading Ordinance for the City Council Meeting of Oct. 22, 2013 DATE: September 27, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Appropriating additional funding in the amount of$409,664 from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund. CAPTION: Ordinance appropriating $409,664 from the United States Department of Homeland Security — amendment to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighters within the Fire Department. PURPOSE: In December 2012 the City of Corpus Christi was awarded a grant in the amount of $3,380,824.00 from the Department of Homeland Security-Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The purpose of the grant is to provide 100% funding to hire 34 firefighters. The grant provided funds for salaries and fringe benefits for 24 months. No local match was required. We have now received notice that an amendment to the original award has been approved. The amendment provides for an additional funding for the third year salary and benefit cost for the eight (8) military veteran firefighters hired under this grant. The third year salary and benefit cost is $409,664 for a total grant of$3,790,488. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance to a appropriate funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading of this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance—Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating u Revenue o Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP oni ) Current Year Future Years TOTALS Line Item Budget Encumbered / E Fjended Amount This item $1,831,421.28 $976,267.33 $3,790,488.00 $3,790,488.00 BALANCE Fund(s): Comments: In Fiscal Year 2012-2013 expended $982,799.39 RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment Notice Ordinance Appropriating $409,664 from the United States Department of Homeland Security — amendment to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighters within the Fire Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $409,664 is appropriated from United States Department of Homeland Security— amendment to the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighters within the Fire Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Request Grant Amendment Pouc l of Request Grant Amendment Amendment Number: EMW-2 12-FH-00078-001 Federal share awarded: 3.790.488.00 Federal share requested: 0.00 Amount paid tmdate: 0.00 Amount of pending payments: 0.00 Balance of federal funds: 3.780.488.00 Reviovvedon/8y O2-01-2O13by TONY FA|SON Grantee Comments History Dear Robert Rocho. Your request for cost overrun of this award, Corpus Christi Fire Department, Texas: EMW-2012-FH-00079 has been reviewed and approved byFEK0A/AF(] Program Office. Specifically, your request to hire SAFER-funded firefighter positions that are filled by military veterans, in accordance with the FY 2012 SAFER Veterans Hiring Program, are eligible to receive full funding of salary and benefits for three years, instead of two. The FEMA/AFG Program Office have approved this amendme—nt fo–r—addi–fional funding for third year salary and benefit costs for eight(8) rehire military veteran firefighters. Furthermore, the amendment request is for a cost overrun equaling [eight(8) military veterans * $51,208]=$409,664. Third Year salary and benefits costs are: salary-$37,932� benefits-$13,276. Lastly, this request will require a one year(POP) extension Grantee Comments from the current POP end date u/ u/o//5 The approved third year POP end date is 3/8/16. SAFER grants provide financial assistance to help fire department's increase their cadre of frontline firefighters or to rehire firefighters that have been laid off.The goal is to assist local fire departments with staffing and deployment capabilities so they may respond to emergencies whenever they occur, assuring their communities have adequate protection from fire and fire-related hazards. yWr Rooha. itm/000p|aooureomoioUngCorpusChrisUFiraOoportmanL | vvishyou boundless prosperity in the future. If you have any further questions, feel free to contact me any time. Sinoono|y. TONY E. FA|G{}N Fire Program Specialist OHS/FEyW/VGPD Assistance bo Firefighters Grant Program 800 KStnaot NW Washington D.C. 2O472-3G2O (2O2) 78G-S4G7 (ph)(2O2) 78G'9S38 (tox) Tony.Faison@DHS.GOVhftp:/kwxwxv.0amo.Qov/finaQnants/(8GG)-274-O8GO (toll- free help desk) Grant Amendment Request You may either type your request in the space provided below; or create the text in your word processing system and then copy it into the space provided below. "Corpus Christi Fire Department was awarded a FY2012 SAFER grant under the Hiring of Firefighters Category to rehire thirty-four(34)firefighters. Eight(8)of these positions will be filled by a military veteran. Per the FY2012 Veterans Hiring Program, Corpus Christi Fire Department is submitting this amendment to request additional funding for the third year salary and benefit costs. The total cost of the amendment for third year oolamand benefits is[eight vabsrona °��1 �O8] =�4OS OG4 Third`/ooroa|ory and benefits costs ora� ^ . . � � salary' $37,932; benefits -$13,276. Additionally, this amendment will require a one year period-of-performance (POP) extension from the current POP end date of 08-MAR-1 5. The requested third year POP shall be 08-MAR-1 6." �,gyvs o `mss AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 15, 2013 1852 Second Reading Ordinance for the City Council Meeting of Oct.22, 2013 DATE: September 27, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Acceptance of the 2013 Emergency Management Performance Grant for$75,325.21. CAPTION: Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $75,325.21 for the Emergency Management Performance Grant (EMPG); and appropriating $75,325.21 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. PURPOSE: The purpose of the grant is to support local comprehensive Emergency Management Programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities of all hazards. The funds will be used to distribute information materials to the citizens of Corpus Christi regarding hurricane preparedness; develop and update emergency management plans; conduct full-scale exercises; staff training; support of the dialogic warning system; and staff salaries. Attachment "Item Detailed List" has a complete list of items the grant will pay for. BACKGROUND AND FINDINGS: Grants are awarded annually by the Texas Department of Public Safety, Governor's Division of Emergency Management according to available amount of funds. No matching funds are required. ALTERNATIVES: Not accepting the Grant. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval needed to accept grant. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable . ......... w,. w .. _... ___.......... __._. ......_ ....._s Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS ............................................................................... ................._....__....�....... Line Item Bud et � _ 0 0 Encumbered / Ex ended Amount 0 0 ..�..........�..� _............................ _ _ _ This item $75,325.21 $75,325.21 _..�...._ _....._.._. ............ _....__..__.. __ ..... . _ ................................................................._ BALANCE $75,325.21 $75,325.21 Fund(s): Fund 1063 Emergency Management Grant Comments: None RECOMMENDATION: Staff recommends approval of the ordinance to ratify acceptance of the grant and to appropriate $75,325.21 received from the Texas Department of Public Safety, Division of Emergency Management for emergency management preparedness. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Sub-recipient Grant Award Ordinance Ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $75,325.21 for the Emergency Management Performance Grant (EMPG); and appropriating $75,325.21 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $75,325.21 for the Emergency Management Performance Grant (EMPG) by the Mayor on September 4, 2013 is ratified. SECTION 2. That $75,325.21 is appropriated from the Texas Department of Public Safety's, Governor's Division of Emergency Management, Emergency Management Performance Grant Program in the No. 1063 Emergency Management Grants Fund for improving mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: FY 2013 Emergency Management Performance Grant(EMPG) DHS Instrument Number: 2013-EP-00067 TDEM Grant Number: 13TX-EMPG-0581 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O. Box 4087 Austin, Texas 78773-0220 Subrecipient: City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401-9277 Amount of Grant: $75325.21 Period of Grant: October 1, 2012 to March 31, 2014 The period of grant reflects a six(6)month programmatic extension to complete and close out your FY 13 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2013 Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Signature Required W.Nim Kidd,CEM Printed Name/Title- Assistant Director Texas Department of Public Safety i C' � C).�C 12-P u S Chief � LJI'1�IS�I Texas Division of Emergency Management Date: c1—y-20\3 Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter,Office of Management and Budget MSC 0229 PO Box 4087 Austin,TX 78773-0220 ITEM DETAILED LIST Salaries& Benefits Travel Dialogic Warning System EOC Computer Leases WebEOC EOC Copier Lease Office Supplies Minor Tools Periodicals Postage and Express Fees Cleaning Supplies SC j2 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 15, 2013 Second Reading for the City Council Meeting of October 22, 2013 DATE: September 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Appropriate the FY '13 Elderly Nutrition Program (ENP) Grant Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY `13 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this addendum provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2012 through September 30, 2013. Reimbursement for ENP services provided during this period is made available with this amendment. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling &Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 91,307 congregate meals; 74,073 home delivered meals; 42,138 Title XX Meals on Wheels; 23,748 Managed Care meals; 2075 Sponsored Meals for a total of 233,341 meals and 391 hours of Benefits Counseling service units during fiscal year October 2012 through September 2013. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY `13 City budget General Fund. X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget n/a n/a 0 0 Encumbered / n/a n/a 0 0 Expended Amount This item n/a $647,713 n/a $647,713 BALANCE n/a n/a n/a n/a FUND(S): The revenue from this reimbursement program is budgeted in the Fund 1067; Project/Grant 810813. Comments: NA RECOMMENDATION: Staff recommends that City Council accept the FY '13 grant award. LIST OF SUPPORTING DOCUMENTS: Ordinance, Attachment— Notification of FY 13 Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the followinq vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Uriapa Nelda Martinez City Secretary Mayor NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 Date: September 11, 2013 Ms. Elsa Munoz, Superintendent : 10/01/2012 - 09/30/2013 City of o s Christi -1 Senior Community Services ISSUANCE Post tc 277 Corpus Christi,Texas This Notification of Funs Available is issued as an addendum to your contract with the Coastal Bend ocil of v ents - Area Agency on Aging I Coastal Bend Aging Disability Resource ter for the period October 1, 2012 through to r , 2013. s awarded er this addendum are for the above erio in e amount(s) shown elow. It is understood and r by the Subcontractor that any payment thereunder, s all be for services provided in accordance with all requirements set forth in e referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from ici atio in this contract by any federal department or agency or byte State of exas. ATE MEALS III-C1/ I „1 65,394 27,339 16,923 DELIVERED HOME 216,947 $ 64,267 $ 24,565 $305,779 MEALS III / SUPPORTIVE 1 WI S 111-13 5 - - 11 TOTAL AWARD $459,162 $136,647 $ 51,904 , This award represents i i for FY13 based on funds awarded to CBCOG-AAA. cc: City of Corpus Christi, Grants Dept. n P. Buckner,Executive Director Attn To. Ms, Entily Gonzales,Accountant Coastal Bend Council of Governments Post Office Box 9277 Carpus Chrrsli, Texas �°8�J69 5 A,0uupuA A ou ou A II'kn'u h�W Murmi it io N�N J�tiq l�'WAU im�i��u wirdW�'W"u�9i n IIw Vl Au�t�wii C'!�^:�Ji 'W�1 a,N:,a SC j2 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 15, 2013 Second reading for the City Council Meeting of October 22, 2013 DATE: September 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Name change for seat on Watershore and Beach Advisory Committee CAPTION: Ordinance to revise the membership of the Watershore and Beach Advisory Committee. PURPOSE: The purpose of this amendment is to change the seat from an owner of a hotel or condominium located on North Padre Island or Mustang Island to an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island BACKGROUND AND FINDINGS: The Watershore and Beach Advisory Committee is a committee of nine (9) seats. Since there are only a few Hotels and Condos on the Island, it is difficult to fill the seat designated for such a person. By expanding it to a representative we allow for a larger pool of applicants which enables us to have more people present at meetings. ALTERNATIVES: Do not approve the amendment and keep original structure of the Watershore and Beach Advisory Committtee OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE 10 10 Fund(s): Comments: RECOMMENDATION: Staff recommends the approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance to revise the membership of the Watershore and Beach Advisory Committee. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, Division 4, Watershore and Beach Advisory Committee, is amended to read as follows: "Sec. 2-80. Created; membership; terms; filling vacancies. (a) There is hereby created the Watershore and Beach Advisory Committee. The committee shall be composed of nine (9) members appointed by the city council. (b) Notwithstanding subsection (a), the current members of the Water/shore committee shall be appointed to the initial two-year term of the Marina Advisory Committee or appointed to the initial two-year term of the Watershore and Beach Advisory Committee, as requested by the member by written notification to City Secretary, along with such other persons appointed by City Council as necessary to total nine (9) members for each committee. Of the nine (9) members, one (1) shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; one (1) shall be an environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a board member or employee of the Corpus Christi Convention and Visitors Bureau. (c) In the succeeding term, five (5) members shall serve a two-year term and four (4) members a one-year term, as determined by drawing. Thereafter, all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. (Ord. No. 027408, § 1, 9-11-2007; Ord. No. 027523, 12-11-2007) Sec. 2-81. Rules of procedure; officers. The Watershore and Beach Advisory Committee shall adopt its own rules of procedure. At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the initial two-year term. Thereafter, a committee chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each September 1. Said election shall be held each year at the first regular meeting after appointments to fill expiring terms. (Ord. No. 027408, § 1, 9-11-2007) 2 Sec. 2-82. Duties. (a) The committee shall advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by section 2-264. (b) The committee's duties include the following: (1) Assist the city council in providing for the orderly, master planning of the areas described in subsection (a). (2) Review the annual capital improvement budgets regarding the improvement and maintenance of the facilities upon said areas. (3) Review and make recommendations regarding special event requests upon said areas. (Ord. No. 027408, § 1, 9-11-2007) Sec. 2-83. Minutes; staff support. The City Manager shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. (Ord. No. 027408, § 1, 9-11-2007) Sec. 2-84. Watershore and Beach Advisory Committee's coordination with Parks and Recreation Advisory Committee. The Watershore and Beach Advisory Committee, and the Parks and Recreation Advisory Committee shall submit recommendations to the city manager and the city council from time to time concerning any concurrent responsibilities relating to the waters, waterfront, and beaches in the city limits. (Ord. No. 027408, § 1, 9-11-2007) Secs. 2-85-2-89. Reserved." SECTION 2. This Ordinance takes effect upon final reading and approval of the City Council. 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor d AGENDA MEMORANDUM �oaPOwR,k� First Reading Ordinance for the City Council Meeting of October 22, 2013 2852 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: September 12, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(aD-cctexas.com 886-2603 Accepting and appropriating the Violence Against Women (VAWA) grant within the Police Department for Year 14 CAPTION: Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of$16,573.28 and an in-kind match of $8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. PURPOSE: Year 14 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides for the salary/benefits of two Victim Case Managers, equipment, supplies, training, and mileage. Volunteer hours contribute $8,928 as an in-kind contribution, and the City contributes $16,573.28 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period is 9/1/2013 — 8/31/2014. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $16,573.28 $16,573.28 BALANCE $16,573.28 $16,573.28 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of $16,573.28 and an in-kind match of$8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 14 with a City match of $16,573.28 and an in-kind match of $8,928 from the No. 1020 Police General Fund. SECTION 2. That $43,823.74 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of$16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $69,325.02. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor E OF 5 i Al X, x � � S t a t e o f T e x a s O f f i c e o f t h e G o v e r n o r Criminal Justice Division Rick Perry Governor October 07,2013 Ms.Susan Thorpe Assistant City Manager PREVIEW-Corpus Christi,City of-PREVIEW- 321 John Sartain,P.O.Box 9016 Corpus Christi,Texas 78401-2511 Dear Ms. Thorpe: Congratulations on your award! To activate your agency's grant,the Authorized Official must log on to eGrants at htty s://eGrants.governor.state.tx.us and go to the`My Home'tab.In the`Project Status'column,locate the application that is in`Pending Acceptance of Award' status.Click on the grant number and proceed to the `Accept Award'tab.From this tab,click on the`Accept'button.Grants must be accepted within 45 calendar days of the date the award was issued. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of You can also find more detailed information on the eGrants website including helpful resources,links,and tools needed to properly administer CJD grants. The Guide to Grants,also on the website,contains answers to questions frequently asked by grantees. The Public Policy Research Institute(PPRI)at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. If you have any questions regarding this award,feel free to contact your grant manager,whose name is referenced in the attached Statement of Grant Award or you may always contact our office via the eGrants Help Desk at eGrants(a governor.state.tx.us. We look forward to working with you to ensure the success of your program. Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463-1919 (Voice)/(512)475-2440(FAX)/Dial 7-1-1 For Relay Services Ap p &I CE D: /+ Sk`Jr,! �I l u'.%IIC IIII AA E Pi,l.1.. 0 F �°11,1iu.1 hil 1.. u11'.%1 uu'.%FR Cil Grant Number: WF-13-V30-15171-15 CFDA or State ID: 16.588 Program Fund: WF-Violence Against Women Formula Grants Grantee Name: PREVIEW-Corpus Christi,City of-PREVIEW- Project Title: Victim Assistance Program Grant Period: 09/01/2013-08/31/2014 Liquidation Date: 11/29/2014 Date Awarded: October 07,2013 CJD Grant Manager: Reilly Webb CJD Award Amount: $43,823.74 Grantee Cash Match: $16,573.28 Grantee In Kind Match: $8,928.00 Total Project Cost: $69,325.02 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any,cited below: Condition(s)of Funding and Other Fund-Specific Requirement(s): I System of Award Management (SAM): Registration with SAM is required by all OOG applicants. Applicants are required to maintain current registrations in the System for Award Management (SAM) database. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. Applicants must update or renew their SAM registration at least once per year to maintain an active status.Information about registration procedures can be accessed at http://www.sam.gov/. E OF 5 i Al X, x � � S t a t e o f T e x a s O f f i c e o f t h e G o v e r n o r Criminal Justice Division Rick Perry Governor Memorandum To: CJD Grant Recipients From: Aimee Snoddy,Deputy Director Contact: (512)463-1919 Re: Grantee Responsibilities Date Awarded: October 07,2013 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division(CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources,refer to the Grant Resources section of eGrants available online at httys:HeGrants.governor.state.tx.us. Financial Reporting—Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter,regardless of when the grant was awarded. Due dates are: April 22(January-March quarter) July 22(April-June quarter) October 22(July-September quarter) January 22(October-December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization—Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report,a payment will be issued through direct deposit or electronic transfer. Generated Program Income—Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be used to offset project costs unless prior approval is granted allowing a supplement to project costs.Program income must be expended prior to seeking payments from CJD and must be accounted and used for the purposes of the grant activities as awarded. Grant Funded Personnel—Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes—Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes,including updating contact information for grant officials. Equipment—Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report must be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond—Each nonprofit corporation receiving funds from CJD must obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss or theft of the entire amount of grant funds,including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications—Grantees must immediately notify CJD in writing of any misappropriation of funds,fraud,theft,embezzlement,forgery,or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation,whether civil or criminal,and the grantee must immediately forward a copy of any demand notices,subpoenas,lawsuits,or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race,color,national origin,sex,age,or handicap,the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness—Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting—Grantees must submit required reports regarding grant information, performance,and progress towards goals and objectives in accordance with the instructions provided by CJD,or its designee. To remain eligible for funding,the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring—Grantees must readily make available to the Governor's Office or its agents all requested records. The Governor's Office may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues,findings,or actions identified within the time frame specified by the Governor's Office. Audit Requirements—Grantees expending over$500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No.A 133 at http://www.whitehouse.gov/omb/circulars/index.html and the State Single Audit Circular issued under the Uniform Grant Management Standards(UGMS) at http://www.governor.state.tx.us/grants/what/. Grantees must electronically submit to the Governor's Office copies of the results of any single audit conducted in accordance with OMB Circular No.A-133 at http://www.whitehouse.gov/omb/circulars/index.html or in accordance with the State Single Audit Circular issued under UGMS,within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period,whichever is earlier. Supplanting—Awarded funds must be used to supplement existing funds for program activities and not replace(supplant)funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews.Violations may result in a range of penalties,including suspension of future funds,suspension or debarment from receiving federal or state grants,recoupment of monies provided under the grant,and civil or criminal penalties. Refer to the Guide to Grants at https://eGrants.governor.state.tx.us/updates.aspx for additional information on supplanting. Conflict of Interest—Grantees should have in place established safeguards to prohibit employees from using their positions for a purpose that is,or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. Contracting and Procurement—Grantees must follow their established policy and best practices for procuring goods or services with grant funds.Contracts must be routinely monitored for delivery of services or goods.When contractual or equipment procurement is anticipated to be in excess of$100,000,grantees must submit a Procurement Questionnaire https://eGrants.governor.state.tx.us/updates.aspx to CJD for approval prior to procurement. Travel— Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in-state and out-of-state travel,grantee must use the travel guidelines established for state employees. Uniform Crime Reporting—Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and must ensure that prompt reporting will remain current throughout the grant period. Criminal History Reporting-Entities receiving funds from CJD must comply with all requirements outlined in the Texas Code of Criminal Procedure,Ch.60,related to maintaining and reporting criminal history records. Limited English Proficiency—Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services.Meaningful access may entail providing language assistance services,including oral and written translation when necessary.Additional information on this requirement can be found at http://www.Iep.gov. Law Enforcement Programs—Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R.Part 23 Training-Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R.Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel-Overtime is allowable to the extent that it is included in the CJD approved budget,the grantee agency has an overtime policy approved by its governing body,and both grant-paid and non-grant paid personnel are treated the same with regards to the application of overtime policy(ies).In addition,in no case is dual compensation allowable. That is,an employee of a grantee agency may not receive compensation for hours worked(including paid leave)from his/her agency AND from an award for a single period of time,even though such work may benefit both activities.Overtime payments issued outside of these guidelines are the responsibility of the grantee agency. Cancellation for Awards-Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days.If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later,the grantee must report by letter to CJD the steps taken to initiate the project,the reasons for delay,and the expected revised start date. Commencement Within 90 Days.If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later,the grantee must submit a second statement to CJD explaining the implementation delay.Upon receipt of the 90-day letter,CJD may cancel the project and redistribute the funds to other project areas.CJD may also,where extenuating circumstances warrant,extend the implementation date of the project past the 90-day period. Public Information Requests-Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals-Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local,state,or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection.In addition,grant-funded or grant-leased motor vehicles may not be used for the purpose described above. • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce,attempt to coerce,command,restrict, attempt to restrict,or prevent the payment,loan,or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act(5 U.S.C. §§ 1501- 1508)which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: 1)be candidates for public office in a partisan election;2)use official authority or influence to interfere with or affect the results of an election or nomination;or,3)directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist-Grant funds may not be used to employ,as a regular full-time or part-time or contract employee,a person who is required by Chapter 305 of the Government Code to register as a lobbyist.Furthermore,grant funds may not be used to pay,on behalf of the agency or an officer or employee of the agency,membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Legislative Lobbying-Grant funds may not be used to attempt to influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages-Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition,grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. G7� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 22, 2013 ° Second Reading Ordinance for the City Council Meeting of October 29, 2013 �oewawak 1852 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Approval to accept a grant from the U.S. Department of Homeland Security FEMA for the FY 2013 Port Security Grant Program and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of $88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. PURPOSE: City must accept and appropriate the funds. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. A 25% cash match is required which is available from the Law Enforcement Trust Fund. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 22,064 22,064 BALANCE 22,064 22,064 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds.. LIST OF SUPPORTING DOCUMENTS: Award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of$22,064 for a total project cost of $88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of $88,255. SECTION 2. That $66,191 is appropriated in the No 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2013 Port Security Grant Program to purchase law enforcement equipment for the police department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 WOW Floyd Simpson Corpus Christi, City of P. O. Box 9277 1201 Leopard Corpus Christi, TX 78469 Re: Grant No. EMW-2013-PU-00134 Dear Floyd Simpson: Congratulations, on behalf of the Department of Homeland Security. Your grant application submitted under the FY 2013 Port Security Grant Program has been approved. The approved project costs amount to $88,255.00 . As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. Before you request and receive any of the Federal Grant funds awarded to you, you must establish acceptance of the Grant and Grant Agreement Articles. In order to establish acceptance of the Grant and Grant Agreement Articles, please follow these instructions: Step 1: Please go on-line to the ND Grants system at https:Hportal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award packages. Click the Review Award Package link to review and accept the award package for your award. Please print your award package for your records. Step 2: Please fill out and have your bank complete and sign the SF1199A, Direct Deposit Sign-up Form. The SF1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Payments P.O. Box 9001 Winchester, VA 22604 Fax Number: (540) 504-1857 System for Award Management(SAM): Please ensure that your organization's name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards at http:// www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-927-5646. o „ • BRIAN KAMOIE, GPD Assistant Administrator - 1 - Agreement Articles 2013-09-01 00:00:00.0 U.S. Department of Homeland Security Washington, D.C. 20472 WOW AGREEMENT ARTICLES Port Security Grant Program GRANTEE: Corpus Christi, City of PROGRAM: Port Security Grant Program AGREEMENT NUMBER: EMW-2013-PU-00134-S01 TABLE OF CONTENTS Article I Summary Description of Project Article 11 Assurances, Administrative Requirements and Cost Principles Article III Acknowledgement of Federal Funding from DHS Article IV Activities Conducted Abroad Article V Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VI Copyright Article VII Debarment and Suspension Article VIII Drug-Free Workplace Regulations Article IX Duplication of Benefits Article X False Claims Act and Program Fraud Civil Remedies Article XI Federal Debt Status Article XI I Fly America Act of 1974 Article XIII Hotel and Motel Fire Safety Act of 1990 Article XIV Lobbying Prohibitions Article XV Non-supplanting Requirement Article XVI Trafficking Victims Protection Act of 2000 - 2 - Article XVII USA Patriot Act of 2001 Article XVIII Use of DHS Seal, Logo and Flags Article XIX DHS Specific Acknowledgements and Assurances Article XX Compliance with Funding Opportunity Announcement Article XXI Acceptance of Post Award Changes Article I -Summary Description of Project Project 1: Maritime Security and Response Marine Equipment is approved for funding in the amount of$66,191 Article II -Assurances,Administrative Requirements and Cost Principles a. Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances—Non-Construction Programs. Certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: • Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"). These A-102 requirements are also located within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13. • OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Part 215. b. The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: • OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. • OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. • OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. The audit requirements for State, Local and Tribal recipients of DHS awards originate from: • OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article III -Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IV-Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article V -Best Practices for Collection and Use of Personally Identifiable Information (PII) All award recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/privacyprivacy pia guidanceJune2010.pdf - 3 - and http://www.dhs.gov/xlibrary/assets/privacyprivacy pia_template.pdf, respectively. Article VI -Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article VII -Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article VIII - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001. Article IX- Duplication of Benefits State, Local and Tribal Recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article X -False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article XI - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. Article XII -Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 8138942. Article XIII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article XIV-Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XV- Non-supplanting Requirement - 4 - All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XVI -Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient— (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article XVII -USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article XVIII - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XIX-DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient - 5 - settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XX-Compliance with Funding Opportunity Announcement The recipient agrees that all allocations and use of funds under this grant will be in accordance with the Funding Opportunity Announcement. Article XXI -Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDa_dhs.gov if you have any questions. - 6 - Obligating Document for Award/Amendment 1a.AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO. EMW-2013-PU-00134-S01 AMEN DMENT746000574B ACTION W503830N NO. AWARD 6.RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Corpus Christi, City of Grant Operations 500 C Street, S.W.,Room 723 P. O.Box 9277 245 Murray Lane-Building 410, SW Washington DC,20472 1201 Leopard Washington DC,20528-7000 Corpus Christi,TX,78469 POC: 866-927-5646 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER (361)886-2696 Central Scheduling and Information Desk Pat Eldridge Phone: 800-368-6498 Email: Askcsid @dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 09/01/2013 OF 09/01/2013 08/31/2015 PAYMENT Budget Period PARS 09/01/2013 08/31/2015 15.DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX_XXX-XXXXXX- AWARD THIS AWARD XXXOOX-XXXX-XXXX-X ACTION +OR(-) Port Security 97.056 2013-SL-B411-P400--4101- $0.00 $66,191.00 $66,191.00 $22,064.00 Grant D:W503830N$66,191.00 Program TOTALS $0.00 $66,191.00 $66,191.00 $22,064.00 b. To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3) COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Port Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Floyd Simpson,Chief of Police 09/27/2013 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE 09/09/2013 ANDREA GORDON,Assistance Officer Aid kllv' - 7 - o _`fir AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 22, 2013 1852 Second Reading Ordinance for the City Council Meeting of Oct. 29, 2013 DATE: October 11, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Adjustment increase of$15,457.00 to the 2012 State Homeland Security Grant Program (SHSP) which increasing the total from $45,221.80 to $60,678.80. CAPTION: Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: These grant funds are used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man-made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded an increase to the State Homeland Security Program grant in the amount of $15,457. This increases the total from $45,211.80 to $60,678.80. Since 2004 the U. S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriated grant award. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating c:::i Revenue c:::i Capital c:::i Not applicable .......................................................................................................................................................................................................................................................................................................................... ..................................._.._.......................................... Project to Date Fiscal Year: 2013- Expenditures 2014 CIP onl Current Year Future Years TOTALS Line Item Bud et $45,221.80 $45,221.80 Encumbered / .......EXle.n.d.e.d.....A.m�.u.n.t..........................._._....................................................................................................................................................................................................._............... 0 0 .. This item $1 ....._....�............. .. BALANCE $60,678.80 $60,678.80 j Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the increase adjustment of$15,457.00 to the 2012 State Homeland Security Grant Program (SHSP), increasing the total from $45,221.80 to $60,678.80. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Adjustment Notice Ordinance Authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Mayor or designee is authorized to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). Section 2. That $15,457.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. T at the foregoing ofdhance was-red for t-he first time and,passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Melanie Cooper WxasDPA:coa Sent: Tuesday, September 24, 2013 11:32 AM To: Melanie Cooper Cc: john @cbcog98.org; arturo.mendez @dps.texas.gov Subject: Grant Adjustment Notice has been RELEASED for City of Corpus Christi Attachments: GAN_12-GA_17000-03.pdf;2012 Terms and Conditions FINAL.pdf A Grant Adjustment Notice(GAN)has been RELEASED by the SAA or Region for City of Corpus Christi - 2012: Subgrantee: City of or s Christi GAN Type: 2012 Grant Adjustment GAN Date: 23-Sep-13 Due Date: 04-Nov-13 u�ii' illl KK Original Amount: $45,2211111.80 New Amount: $60,678.80 Delta: u11� u ' h � IH uu1 1 �uuul �Illul 1111J 00 i u Iul� uA1 u1u1 Corpus Christi EOC Video Screens 2012 SHSP $0.00 $15,457.00 $15,457.00 Reason for Funds added GAN: Reason Reallocation of 2012 funds. Comment: Attached is a copy of the required GAN paper work. Please print a copy; then have the appropriate individual sign N designated and return the signed copy to the return address on the GAN. (Retain a copy of the signed document for 1 records.) r If you have any questions concerning this e-mail please contact the SAA. NOTE: The GAN process is not complete until the SAA receives a signed copy of this GAN. All activities on this frozen until the GAN is completely processed. Please attend to this matter as soon as possible. Texas Domestic Preparedness Assessment 1 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(a)-cctexas.com, 361-826-3494 Senior Companion Program (SCP) grant award for FY13-14 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year one of a three year contract with the corporation for National and Community Service in the amount of$264,007. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 76,903 $ 76,903 Encumbered / Expended Amount This item 1 $ 264,007 1 1 $264,007 BALANCE J $ 340,910 1 J $340,910 Fund(s): Match in General Fund 1020. Parks and Recreation Grant Fund 1067. Comments: Federal grant for FY13. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor For Official Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program Grantee City of Corpus Christi EIN: 746000574 I201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SCWTX00t Project Period: 07/01/2013-06/30/2016 Amendment No.: 0 Budget Period: 07101"201 3-0613 012014 CFDA No.: 94.016 Grant Year. I Award Description This award includes a 4%reduction from the FY 2012 funding levels based on FY 2013 appropriations.The total amount reduced from your 2012 level is S 11,000, The new Base Line Funding level to carry out program activities in the FY 2013 -20I4 budget year is$264,007. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973,as amended(42 U.S.C.,Chapter 22). Funding Information Previously This Award/ Total Current Year 1 Awarded Amendment Year This Year Total Obfigatcd by CNCS s0 $264,007 $264,007 Grantee's Uuobligated so s0 s0 Balanec(Carryover) Total Available so $264,007 $2(A,907 Cumulative Funding for Project Period Total Awarded in Previous Amendments $0 Total CNCS Funds Awarded to Date $264,007 Funding Source and Amount 2013--OPE 1-P77-OPO-22413-0101 5264,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4119/13. Grantee shall prepare a Project Progress Report(CNCS-I 020 for Senior Corps)semiannually at the end of the 2nd and 4th quarters of the budget period.The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period, The grantee shall be entitled to reimbursement for costs incurred on or after July 1,2013 which if incurred before the signature date of this award,would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under(his grant,the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's websile at Page l For Official Use Only For Olfictal t,tse Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program Grantee City of Corpus Christi PIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi"TX 78401-2120 hilps://egrants.cns.gov/lermsandcondilions/};GPSCPTandC,,,,Revised-20121001.pdf.all assurances and certifications made in the Grant application,and all applicable federal statutes,regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budgel(s),supporting documents,and other representations made in support of the approved Grant application. Corporation for National and Community Service: 06;M1013 1�fwfjofo* Lcnnctic B.White,215-964-6309 Grants Official Signature Date Katy Dooley,512-9167004 Lennette B.White Program Official Name(typed) Senior Grants Officer Title Page 2 For Ofnelal Use Only AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(a)-cctexas.com, 361-826-3494 $10,000 Grant for Senior Companion Program (SCP) CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $10,000 from Mirador — to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is a one-time grant in the amount of $10,000. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 J $ 10,000 1 J $ 10,000 BALANCE J $ 10,000 J $ 10,000 Fund(s): Parks and Recreation Grant Fund Comments: Local grant for FY13. RECOMMENDATION: Staff recommends acceptance of the grant from the Mirador Retirement Community for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $10,000 from Mirador — to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of ten thousand dollars ($10,000.00) from Mirador—for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Aaron DeNovellis irador 5758 Timbergate Dr. Corpus Christi,TX 78418 April 22,2013 Mrs. Debbie Crites Senior Companion Program Director City of orps Christi E ail: 4L eer ecte as.co 361/826-3154 Fax: 3,61/826-301 $10,000 Grant Dear Mrs. rites: irador was honored to award 10,000 to the Corpus Christi Senior Companion Program. The funds will be used for the general budget which includes stipends,mileage, meals & volunteer recognition, Regards, Aaron DeNovellis Executive Director 5857 °TI fiERGArE: DRIVE CORPUS CHRISTI, TX 78414 PHONE: (361) 994,0905 : wwt+,MiraadurRetirement.com t' AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361-826-3494, MichaelMo(a)-cctexas.com Retired Senior Volunteers Program (RSVP) grant award for FY13-14 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. PURPOSE: Appropriation of grant funding to allow for continuation of the Retired Senior Volunteers Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of$46,934. The City of Corpus Christi provides $79,173 in matching funds for the continuation of the RSVP in Fiscal Year 2014. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (7/1/2012-6/30/2013) and fiscal year 2012-2013, 417 enrolled volunteers contributed 46,963 hours through 40+ different non-profit organizations like the, The Women's Shelter, Corpus Christi Food Bank, Deaf & Hard of Hearing Center, KEDT TV, Corpus Christi Metro Ministries, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $79,173 $79,173 Encumbered / Expended Amount This item $46,934 $ 46,934 BALANCE $126,107 $126,107 Fund(s): Parks and Recreation Grant Fund Comments: General Fund match budgeted in FY14. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program and appropriate the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund. SECTION 2. The City Manager or designee is authorized to transfer $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor For Official Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia,PA 19106-3323 Retired and Senior Vofunteer Program Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2I20 Award Information Agreement No.: 11SRWTX017 Project Period: 04/01/20I1-06/30/2014 Amendment No.: 3 Budget Period: 07/01/2013-06/30/2014 CFDA No.: 94,002 Grant Year 3 Award Description Authorize FY2013 funding. This award includes a one-time augmentation of$1,500.00 to support training and technical assistance activities. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973,as amended(42 U.S.C.,Chapter 22). Funding Information Previously This Awardl Total Current Year 3 Awarded Arnandawnt Year This Year Total Obligated by CNCS so $46,934 546,934 Grantee's Unobtigated $o........... .........$®............. .................... . ..so.. Balance(Carryover) Total Available 5o $46,934 $46,934 Cumulative Funding for Project Period Total Awarded in Previous Amendments $102,227 Total CNCS Funds Awarded to bate $149,161 Funding Urc and f1t ......... .. ...... .... . .. .. ..... ....................... 20 l 3— E 1- 74-OO-22413-4 101 S46,934.00 Special Conditions . ... Costs allowed under this grant are Ifirnited to those categories contained in signed application package dated 4/22/13. Grantee shall prepare a Project Progress Report(CNCS-1020 for Senior Corps)annually at the end of the 4th quarter of the budget period.The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated orting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1,2013 which if incurred before the signature to of this award,would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant,the Grantee agrees to comply with terms and conditions of Page l For Olfieial Use Only For Ot[iclal Use Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Retired and Senior Volunteer Program Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 the grant that are an the Corporation's webslle at https://egrants.cns.gov/temisandcondidons/RSVPTandC_Revised2Ol2lOOl.pdf,all assurances and certifications made in the Grant application,and all applicable federal statutes,regulations and guidelines. The Grantee agrees to administer the ftmded Program In accordance with the approved Grant application and budget(s),supporting documents,and other representations made in support of the approved Grant application. Corporation for National and Community Service: 06/18/2013 IA r Lennette H.White,215-964-6309 Grants Official Signature......... Date Katy Dooley,512-916-7 Lennette B.White Program Official Name(typed) Senior Grants Officer Page 2 For Ofneial Use Only SC j2 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 22, 2013 Second Reading Item for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)cctexas.com 361-826-3460 Memorial Bench and Tree Program CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. PURPOSE: This ordinance will establish a formal memorial bench and tree program to be administered by the Corpus Christi Parks and Recreation Department. The guidelines for this program were developed based on research on the best practices of similar agencies nationwide, the needs and resource capabilities of the Parks and Recreation Department and the desire of citizens to recognize loved ones through monetary contributions providing for specific lasting memorials. In order to allow for a consistent program for soliciting and recognizing contributions, the following programs have been established. BACKGROUND AND FINDINGS: Each year, the Parks and Recreation Department handles several requests to memorialize loved one or recognize significant events throughout the parks system. These requests typically involve a bench, tree or other piece of park equipment. This program was developed in effort to create a standard for memorials throughout the park system that meets development criteria listed in the Parks and Recreation Department's Strategic Master Plan. The proposed program offers individuals, families, and/or organizations two options for memorializing and/or celebrating loved ones or events by planting trees or installing park benches in designated places throughout the park system. Trees will be offered for $400 and benches will be offered for $650 or $1200 depending on what bench is selected. A plaque will be provided for each memorial. The location of each memorial will be approved by the Director. All trees will be planted and benches installed during the months of November through February. ALTERNATIVES: Do not approve the program CONFORMITY TO CITY POLICY: City Council is required to approve all fees charged by the Parks and Recreation Department. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Advisory Commission recommended approval FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 3,226.85 Encumbered / Expended Amount This item BALANCE 13,226.85 Fund(s): Community Enrichment Fund 4720; Plaques and Memorials Comments: The revenue generated through this program will be a pass through for expenses for trees, benches and plaques. We do not anticipate excess revenue for this program. RECOMMENDATION: Staff recommends the City Council approve the proposed program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Attachment- Program brochure 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 36 of the City of Corpus Christi Code of Ordinances, Parks, Recreation, Cultural and Leisure Time Activities, is amended by adding new section 36- 13 to read as follows: "Sec. 36-13. Memorial park bench program. "The following procedures and guidelines are established for the City's memorial tree and park bench program: "(1) Any person desiring to donate a memorial bench in a public park in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $650.00. "(2) Any person desiring to donate a memorial bench on Ocean Drive or Shoreline Drive in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $1200.00. "(3) Any person desiring to donate a tree to be planted in a public park in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $400.00. "(4) The application shall contain an accurate description of the desired park location at which the person wishes to place the bench and such other information as the City Director of Parks and Recreation may reasonably require. "(5) Upon receipt of the application, the City Director of Parks and Recreation shall review of proposed location. "(6) On determination that all those named in subsection (3) are in agreement with the requested location, the City Director of Parks and Recreation shall notify the applicant of the approval, and schedule the installation or planting date. "(7) The City shall be responsible for the selection, purchase, and installation of the memorial tree or bench. "SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the 2 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. The effective date of this Ordinance shall be date of final publication as required by the City Charter. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor I II {rr� IM�I r j If�ll �� iu, li jl JII ��V qV r ! V�i n I, ru �: II �, Vf, r IiW yE', ai I(iYlrf i` kA rr VV r. y ��w Hro r � nlw ry fl' W nu .rl�s� Y iu y, W �/I,4!Yjf1 I �� 4gV'11 4�1 rr II . . {Ee, a � X X 'I ulXrr '�X� W m{ wry 40 {I, "S, Wry � u 2 4i ru N, w.. 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Q ;R 1 I up''"dui ur 4 pi iq� u �, 9 m� S, iii p m f 1117P 1 ' IM U 6 II u J �rI ,1112 y� " �� r ,,,,,, u ri,�; ,d "(� �i"� w � wV �I p J u arur i N,o J21, m m� n � . , w v, % �rar �n ir�° pow ff//y diu fi- aw � uim (r mi, 1V m� w„ l� V � � Sri` �" lf/ loin, w l�� Yl�Y ,,� � �° �i�� tll� ,, w� III qr. r a v i wu iil" m ,.�,� i� wr 'I I, r i n 4p, ` r e a rv..� cur : ., { �1 7 mw N( �tu Z µ.i it / u t l: r e'm p VIII w pr a I u y Vr ➢ m Wri m ,m a �l P.. , W ` np ca m,.. _. ... w„ az AM x v I� F. 13 u w 5 r� V LJ UIII-r r,m V- M w m , �ur D rn � ,1pi �51 E, o 1 // w ioy "J c w ��i µ ; pia �w wwy �! �i jryi ua m u IN i f ayi I w '� mV W. w;" jai m �w �(, Zoo i g i vri e a a i m ti u' i � �m � @ �~u� 1+M u l �wj � r ar �, w � i r pint r o >CH �i E., l i d AGENDA MEMORANDUM MaaP© a,EO First Reading City Council Meeting of October 22, 2013 s� Second Reading City Council Meeting of October 29, 2013 DATE: October 11, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Michael Morris, Director of Parks and Recreation MichaelMo @cctexas.com (361) 826-3464 Approval of Professional Monitoring Contract Packery Channel Monitoring 2013-2014 CAPTION: Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone#2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A & M University-Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. PURPOSE: The purpose of this Agenda Item is to approve and adopt an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two and the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget; appropriate and transfer funds to support the FY 2014 Packery Channel approved Capital Improvement Program budget; and authorize Texas A & M University — Corpus Christ to continue the monitoring of Packery Channel through Fiscal Year 2013- 2014. BACKGROUND AND FINDINGS: The Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi and Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget must be reviewed and approved by the Island Strategic Action Committee, Board of Directors of the North Padre Island Development Corporation, Reinvestment Zone #2 Board of Directors and City Council. These plans determine the direction, projects, and funding available through the Tax Increment Reinvestment Zone No. 2 property tax proceeds. After final approval and adoption of the plan, the funding for the current year is appropriated and transferred to the Packery Channel Capital Improvement Program (CIP) Fund so the City Council approved projects for the current fiscal year may be financed and completed. One of the projects included in the Fiscal Year 2014 Packery Channel CIP is the routine monitoring of the channel. Packery Channel monitoring began in 2003 by Texas A&M University-Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. ALTERNATIVES: 1. Approve Amendment No. 8 to the contract with TAMU-CC as proposed. (Recommended) 2. Do not approve Amendment No. 8 to the contract with TAMU-CC as proposed. OTHER CONSIDERATIONS: This professional services contract was presented to the Island Strategic Action Committee (ISAC) on August 13, 2013, is part of the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget, and was approved in the Revised Project and Financing Plans for Reinvestment Zone Number Two. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2013-2014 Capital Improvement Budget, and conforms to the appropriation and use requirements of the Tax Increment Reinvestment Zone (TIRZ) No. 2 budget. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $510,000.00 $510,000.00 Encumbered / Expended Amount This item $349,755.00 $349,755.00 Future Anticipated Expenditures $14,864.59 $14,864.59 BALANCE $145,380.41 $145,380.41 Fund(s): Packery Channel Projects TIF#2, Parks and Rec, Seq. No. 13 COMMENTS: Remaining balance will be used on other approved Packery Channel Miscellaneous Improvements projects as determined necessary throughout the year. RECOMMENDATION: City staff recommends the approval of Amendment No. 8 to the Contract for Professional Monitoring be awarded to TAMU-CC in the amount of$349,755.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Project Budget Location Map PowerPoint Revised Project and Financing Plan for the Reinvestment Zone No. 2 (Attached to NPIDC Agenda and TIRZ#2 Agenda) Proposed Reinvestment Zone Number Two, FY 2013-2014 Budget (Attached to NPIDC Agenda and TIRZ#2 Agenda) Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone #2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A & M University-Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amendment to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, which has been previously amended on March 22, 2011, as recommended by the Board of Directors, Reinvestment Zone #2, Board of Directors, North Padre Island Development Corporation and by the Island Strategic Action Committee (Amendment to TIRZ #2 Revised Project and Financing Plans 102213) is adopted. The Amendment to the TIRZ #2 Revised Project and Financing Plans 102213 is attached to and incorporated into this Ordinance as Exhibit 1. SECTION 2. The City Council adopts the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors Reinvestment Zone #2, and the Board of Directors North Padre Island Development Corporation (TIRZ #2 FY 2013-2014 Budget) which is attached to and incorporated into this resolution as Exhibit 2. SECTION 3. An amount of $510,000 from the Unreserved Fund Balance in No. 1111 Reinvestment Zone No. 2 Fund is appropriated and transferred and appropriating into the No. 3278 Packery Channel Projects No. 2 TIF Fund for the approved Packery Channel Miscellaneous Improvements Project. SECTION 4. The FY 2013 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures by $510,000. SECTION 5. The City Manager or designee is authorized to execute Amendment No. 8 with Texas A & M University — Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for the Packery Channel Monitoring Fiscal Year 2013-2014 project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET Packery Channel Monitoring 2013-2014 (Project No. E13083) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 $510,000.00 FUNDS REQUIRED: Professional Services Fees: Investigator(Texas A& M - Corpus Christi)................................... 349,755.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................ $ 5,246.33 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)....... $ 6,995.10 Finance...................................................................................... $ 1,748.78 Misc. (Printing, Advertising, etc.)..................................................... $ 874.39 TOTAL....................................................................................... $364,619.59 ESTIMATED PROJECT BUDGET BALANCE.................................... $145,380.41 CITY OF CORPUS CHRISTI PROFESSIONAL MONITORING CONTRACT PACKERY CHANNEL MONITORING 2013-2014 Amendment No. 8 The City of Corpus Christi, Texas, hereinafter called "CITY", and Texas A&M University-Corpus Christi hereinafter called 'TAMU-CC", hereby agree to amendment of the Contract as approved by City Council Motion 2008-052 on February 26, 2008, administratively amended on March 3, 2008, by Motion 2009-007 on January 13, 2009, by Motion 2009-091 on April 14, 2009, by Motion 2010-095 on April 27, 2010, administratively on September 21, 2010, by Motion 2011- 212 on September 27, 2011, administratively amended by Motion 2012-165 on September 11, 2012 as follows: I. SERVICES TO BE PERFORMED TAMU-CC hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. II. SCOPE OF SERVICES TAMU-CC's services will be those necessary to provide the monitoring required to deliver an annual written report and presentation of the observations and results of the monitoring program that takes place during the term of this contract. The monitoring program will include the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. TAMU-CC will conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. TAMU-CC will complete the tasks set forth by Section ILA as set forth in the research proposal attached as Exhibit "A". A. TAS KS Specific tasks to be undertaken are set out as follows: Task 1. Project Management and Aerial Photography 1-1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. 1-2. Aerlal Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2011 show that the cost of aerial photography has increased reportedly due to increases in fuel costs. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter-tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. K:IENGINEERING DATAEXCHANGE%CLARISSAAPARKS%E13U83 PACKERY CHANNEL MONFrORING%CONTRACT TAMUCCICONTRACT PACKERY CHANNEL MONMORING 20132014,DOCX Page 1 of 6 Schedule: (1) annual set conducted Aug/Oct 2013 (pending weather conditions). Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest(most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and applied to calculate sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the jetties. Schedule: (1) annual survey conducted during peak summer condition (Sep/Oct 2013). 2-2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (2) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014. 2-3. Surveys of channel and nearshore depth and morphology (bottom features) Description: These bathymetric surveys combine single-beam and multi-beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014 and June 2014. Additional surveys may be required if data indicate that depth-limited navigation is imminent. 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best KkENGINEERING OATAEXCHANGEXCLARISSAJ IPARKS1E13083-PACKERY CHANNEL MONITORINGiCONTRACT-TAMUCCtCONTRACT-PACKERY CHANNEL MONITORING 2013.2014.00CX Page 2 of 6 captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014. Additional surveys may be required if data indicate that the rate of change has increased during the study period. 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2013 and Jan/Feb 2014) and (1) transitional survey (June 2014). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed: a. Shoreline position survey (1) Task 2-2 b. MBCHC (1) Task 2-2 OR Full Beach Profile Survey (1) Task 2-1 c. Bathymetric channel and nearshore survey (1) as described in Task 2-3 d. Modified beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400-ft to 1100-ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: To be determined Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (monthly or as updates are available) Status Reports (post-survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. The proposal for Year 2013-2014 is attached as Exhibit °A". KIE GI EERING DATA CH GEICLARISSAAPARKSl 13003-PACKERY CHANNEL MONFFORONGXCONTRACT-TAMUCCtCONTRACT-PACK RY CHANNEL MONITORING2013-2014.DOCX Page 3 of III. FEES AUTHORIZED The City will pay TAMU-CC a fixed fee not to exceed $1,548,028.00 for providing all services during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00, a fee for Amendment No. 2 of $61,715.00, a fee for Amendment No. 3 of $299,900.00, a fee for Amendment No. 4 of $325,517.00, a fee for Amendment No. 5 of$600.00, a fee for Amendment No. 6 of$293,400, a fee for Amendment No. 7 of $314,389.00 and a fee for Amendment No. 8 for 349,755.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II.A. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee as set out by this contract. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Monitoring 2013-2014) and City project number (E13083). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. It is mutually acknowledged that fees authorized by this original contract not invoiced may be used to defray the costs and expenses of Amendment No. 7 for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Ori inal Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 $299,900.00 Amendment No. 4 $325,517.00 Amendment No. 5 $600.00 Amendment No. 6 $293,400.00 Amendment No. 7 $314,389.00 Amendment No. 8 $349,755.00 Total $1,897,783.00 The fee for each Task of Amendment No. 8 is estimated as: Tasks Fee 1.1 Pro-ect Maria ement $52,301 1.2 Aerial Photo ra h $18,848 2.1 Beach Profile Surve $42,435 2.2 Shoreline Position Survey $14,848 2.3 Surveys of channel and near shore depth and $113,539 mor polo Bath metric Surve 2.4 Inland Channel Segment and Mollie Beattie $32,495 Coastal Habitat Communit 2.5 Event/Storm or Environmental/Engineer $75,289 Su ort Surve s Total $349,755 K%ENGINEE ING DATAF-XCHANGBCLARISSMU3ARKSIE13083,,PACKERY CHANNEL MONITORINGICO CT-T UCCICON CT-PACKERY CHANNEL MONITORING 2013.2014.DOCX Page 4 of IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. TAMU-CC agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) VI. ASSIGNABILITY TAMU-CC will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of TAMU-CC staff. If TAMU-CC is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the fee may be assigned in advance of receipt by TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VII.DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERISTY CO S CH ISTI 11z� ��0 Oscar R. Martinez, Date eidre illiams Date 13 Assistant City Manager it Principal Investigator RECOMMENDED 7. 6/. Daniel Biles, P. E., Date QY Luis Cifuentes Date Director of Engineering Services Mce President Division of Research, Commercialization and Outreach Michael Morris Date Director of Parks and Recreation KIENGINEERIN OATAEXCH GE1CIARIS KSiE130®3 PACKERY CHANNEL MONFTORINGICONTRACT•TAMUCCXCONTRACT a PACKERY CHANNEL MONITORING 2013.2014 DOCx Page 5 Of APPROVED AS TO FORM Office of Management Date and Budget Legal Department Date ATTEST Armando Chapa, City Secretary Project No. E13083 Packery Channel TIF#2 Fund Source No. 550950-3278-00000-E13083 $349,755.00 Encumbrance No. ENTERED ON ACT MANAGERS K.4ENGINEERINGDATAEXCHAN GEC LAMSSAAPARKSIE13083-PACKERYCliANNELMONITORING4CONTRACT TAMUCCkCONTRACT-PACKERY CHANNEL MONITORING 2013-2014 DOCX Page 6 of 6 Packery Channel Monitoring Program Proposed Amendment for 2013114 Project Tasks and Cost Estimate June 25,2013 " 4 . YY Mollie Beattie ° s ' Coastal Habitat ' dr Mu m a ' Coftnunity x �`� Mustang and w u �' r Island, . M- Oepositt n', "d Inner Entrance v. a: ,, a ° Entr Cha d ' Nodh Padre a Island .µ r Seawall �� ulfof a i � 7VJexjC0 1 100 r, r x 4,7X Sab 2012 Post-dredge channel and nearshore morphology at Packery Channel(01 March 2013). Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University-Corpus Christi EXHIBIT"A" Page 7 of 9 Introduction The Packery Channel Monitoring Program began prior to construction in 2003 under sponsorship of the U.S. Army Corps of Engineers, Galveston District and has continued under the sponsorship of the City of Corpus Christi from 2008 to present (Spring 2013). The Conrad Blucher Institute for Surveying and Science (CBI), Texas A&M University-Corpus Christi (TAMUCC) leads these investigations. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community(MBCHC). The monitoring program also includes measurement of current velocity in the inland channel segment and in the GIWW near the intersection of the two channels, sponsored by the USACE, Coastal Hydraulics Laboratory, and the Coastal Inlets Research Program (2007-2011 and 2013). The analysis and interpretation of this data supports the City of Corpus Christi in the research-based management of Packery Channel as well as the adjacent wetland and beaches along Mustang and Padre Island. The Packery Channel inlet system is dynamic; responding to storms, anthropogenic change such as dredging, as well as typical seasonal coastal forcing (wind, current, water level, waves). Of primary importance for the 2013/2014 monitoring year is the investigation of changes in Entrance Channel shoaling and nearshore shoaling around the channel mouth after the two dredging events conducted during 2011/2012 and 2012/2013. The two potential concerns have been identified; 1) increase in extent of a remnant shoal located in the Entrance Channel at the channel mouth and 2) continued decrease in the nearshore depth surrounding the channel mouth and potential development of an ebb shoal (Fig. 1). These areas of concern have the potential to influence channel navigation during the peak period of seasonal shoaling which is typically observed toward the end of the summer. Purpose There are two primary goals for the 2013/14 monitoring year; 1) Measure the rate of shoaling and scour relative to the cumulative post-dredge channel status and 2) measure and document changes in volume and width of the nourished beach along the North Padre Island Seawall (including Michael J. Ellis Seawall) relative to adjacent regions. In addition, the comprehensive program will continue to monitor changes in the Mollie Beattie Coastal Habitat Community that borders the inland channel segment and the Event Task(Task 2-5) will allow for post-storm and focus surveys as they are required. The continuation of the monitoring program will allow the timely assessment of changes in system dynamic related to: 1) an increase in overall entrance channel depth, now deeper than post-construction, that may influence shoaling trends, 2) a decrease in scour around the channel mouth and bypass bar formation which may influence entrance channel shoaling, and 3)persistence of remaining section of the Entrance Channel shoal which presents a barrier to sediment transport out of the channel mouth. The Monitoring Program provides data collection and analysis that describes the channel system as it begins to modify, relative to the change in water depth, from the Deposition Basin to the Entrance Channel. The channel will likely undergo a period of rapid change over the summer months, which is historically a time of increased shoaling. Seasonal surveys have shown that shoaling in the Entrance Channel dominates during the summer months,often peaking during EXHIBIT"A" Page 2 of 9 66 �;� � fl� G � e�eaiux,P Y��u X581 Na y rY�' d a.14 r k „P rn t _ F ■ Pail .a d" �rtet iu Figure 1. Entrance Channel shoal and shallow nearshore surrounding channel mouth(Mar 2013). late August and September. An additional area of focused interest lies just offshore of the channel mouth where a seasonally sustained bypass bar has developed during the summer months since 2011. A bypass bar, when separated from the channel mouth by sufficient scour and ebb flow, provides for the transport of sand around the channel mouth. With less scour developing at the channel mouth there is a greater opportunity for sand to enter as the bypass bar approaches and directs sand toward the entrance channel, particularly during the summer months when ebb flow is not enhanced by winter northwesterly wind. In addition, summer is the most dynamic season for sediment transport by wind from the adjacent beach and dunes which have contributed to shoal development in the Entrance Channel in the past. Continued monitoring will assist the city in research-based management of the channel, adjacent beaches, and wetland habitat and to identify and allow adequate time to prepare for future maintenance tasks and identify potential navigation hazards that may develop as the channel responds to the recent dredge events. Concerns and Benefits Addressed by Monitoring Program: 1. Monitor expansion of the remaining Entrance Channel shoal located near mouth due to: EXHIBIT"A" Page 3 of 9 a. Seasonal decrease in ebb flow (Lack of wind reinforcement during winter storms over summer months). b. Introduction of sand from nearshore (Bypass bar development directing sand toward the mouth and lack of previously large region of scour around mouth). 2. Track beach advance at jetties (Potential for sand entry around jetties when critical threshold is reached). 3. Document pre-storm condition of nourished beach along seawall (FEMA reimbursement). 4. Track longevity of cumulative beach nourishment 2011112 and 2012113 (Future nourishment strategies). 5. Identify early trends in sediment transport (Future dredge planning) Monitoring Program Tasks This proposal describes the 2013/2014 amendment to the existing contract for the Packery Channel Monitoring Program. The program consists of five Tasks which provide data describing the channel and nearshore, adjacent beaches and wetland. The goal of the 2013114 year is to measure and document changes in channel morphology post-dredge and post-beach nourishment. The monitoring program will continue to assist the City in the anticipation of future dredge events, identification of potential navigation hazards and document the annual pre-storm beach width and volume for FEMA reimbursement should the area sustain damage during seasonal hurricanes. Tasks 1-5 may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. Task 1. Project Management and Aerial Photography 1-1. Project Management Description Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. Estimated Cost: -85249-Y 52 3 n 1 1-2.Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2012 and 2013 indicate that the cost of aerial photography has increased, reportedly due to increases in fuel costs and the pool of local vendors is limited. EXHIBIT"A" Page 4 of 9 Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter-tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery is particularly important to document adjacent regions that are outside of the topographic survey area. In addition, the aerial imagery is applied as a backdrop to channel and beach elevation data. In addition, the aerials are critical for application to the development of visuals and explanation aids to residents and laypersons. Schedule: (1)annual set conducted Aug/Oct 2013 (pending weather conditions). Estimated Cost: $18,848 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation and morphology at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature(seawall or pavement)and extend offshore up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which limited movement of the sediment occurs. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach(Zone of Influence) that is provided by the jetties. Schedule: (1) annual survey conducted during peak summer condition (Sep/Oct 2013). Estimated Cost: $42,435 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path in order to cover the entire beach face. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots"can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access and addresses persistent regions of shoreline recession that exist in front of the North Padre Island Seawall and Whitecap Blvd.as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (3) Surveys.Tentative survey schedule: Sep/Oct 2013,Jan/Feb 2014. Estimated Cost: $14,848 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) EEXHIB,IT"A" of 9 Description: These bathymetric surveys combine single-beam (nearshore/offshore) and multi- beam (channel)sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development of features such as bypass bars, channel shoals and ebb shoaling. Purpose: Data is applied to define morphologic features such as shoals(areas of deposition)and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, prepare for nourishment projects, and identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014 and June 2014. Additional surveys may be required if data indicate that depth-limited navigation is imminent. Estimated Cost: $ 113,539 24. Inland Channel Segment and Mollie Beattie Coastal Habitat Community(MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conduced on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 11) and upper bank (MSL) width along the channel bordering the MBCHC. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. Estimated Cost: $32,495 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2012 and Jan/Feb 2013) and (1) transitional reduced-cost survey (June 2013). To E T"k of 9 accommodate monitoring concerns beyond these seasonal surveys the Event Task provides for event surveys or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed in support of management concerns: a. Shoreline position survey(1)Task 2-2. b. Abbreviated MBCHC survey(1)Task 2-2 OR TBA survey up to 5 days. c. Bathymetric channel and nearshore survey(1)as described in Task 2-3. d. Beach profile survey(l) Task 2-1. e. Beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400-ft to 1100-ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define changes in morphology, wetland boundaries,volume, and shoreline position related to issues outside of the umbrella of the seasonal surveys. Schedule: Post-storm and as needed relative to management concerns during 201312014. Estimated Cost: up to$75,289 Total Estimated Cost to City of CC: $ 349,755 Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds CBI has provided cost savings through the following: 1. Conservation offends in the Event Category 201112012 (Task 2-5). Savings to City =45,000 2. Maintaining FIA calculated on Salary/wages only. Savings to City=56,000 3. Secured USA CE contribution to current monitoring. Savings to City = 14,000 Total Cost Savings=115,000 201312014 Task Year Additional Cost Savings Over Program Term ✓ Estimated savings due to deferment of dredge operations (based upon Packery Channel Monitoring Program and associated analysis) z$2,000,000 to$3,000,000 EXHIBIT"A" Page 7 of 9 Deliverables: ASCII data sets(x,y,z)NAVD88 State Plane south Zone FIPS 4205 Email status report(monthly or as updates are available) Status Reports(post-survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. Budget Next Page EXHIBIT"A" Page 8 of 9 Packery Channel Monitoring Program Estimated Budget 1 July 2013 to 30 June 2014 Personnel Principal Investigator $ 60,844 Database Management/support and technical staff $ 13,602 Subtotal Personnel (Salary/wages) $ 74,446 Benefits $ 17,053 Total Personnel $ 91,499 Travel (Transportation to Surveys) Truck/fuel $ 1,000 Total Transportation $ 1,000 Other Project Costs Materials and Computer(software upgrades $ 5,000 Repair Allowance, Backup/Archive) Surveying/post processing(Subcontract) $ 200,800 Aerial Photography(Subcontract) $ 12,000 Total Other/Transportation $ 217,800 Subtotal Salary/Wages $ 74,446 Subtotal Benefits $ 17,053 Subtotal Other/transportation $218,800 F/A (53% salary and wages) $ 39,456 Project Total $349,755 Less Event Task 5($75,297) ($274,458) Cost Saving to City if used to offset 201312014 budget. Estimated unobligated funds from Event Task 201212013 $ 45,000 EXHIBIT"A" Page 9 of 9 SUPPLIER NUMBER TO BE ASSIGNED p PURCHASING DIVISION City cif' CITY OF CORPUS CHRISTI Christi S F ST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Texas A&M University-Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM IS: I. Corporation ® 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus Christi havin'g an "ownership interest"constituting;30,p'o or more of the ownership in the above named"firm. Name Job Title and City Department(if known) 2. State the names of each "official"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member"of the City of Corpus Christi having an `ownership interest"constituting 3%or more of the ownership in the above named "Firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS EXHIBIT"B" Page 1 of 2 If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-319(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly subm' I Carpus Christi,Texas as changes occur. Certifying Person: Vb@ PmWeffl fm F19sGWV1% Title: Signature of Certifying Date: Person: 3 • / DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"B" Pa e2of2 File' \project'\councilexhaibits\exhEl3O83.d'wg /rrr/' / / 1110// rfur/' / � 1 / ll rrr r , o / / / / ,,J 1 / Aff T ,� ' // , rhi� " lb � r rrr � / l ;,,; r✓ / .;,� ,, <,,� r l ,,�/r �r ,, Ir u�,✓,r � / /�, //��'r„/i rr��/r"" ,,,., /ii// / .,,, / � �2, ,,, r �, sir,.r»; �� 1> 'l/� �' r / / 1, /�,,, ,,, , „/. ✓ ,l/, /, � ,�", »»r ,, / /�, �/ „// rr,;, 'r ,,, / ;,, „ rrr �.. .,, „r, .✓ h ,"„” „ ,:r//,rii ::,.✓ / �. :/// i,: r � u' / ,...: uu P /, rri4rN l,l%/ i f).:. rp olp ///i ,,.r//H .,;,,,r, ,,,�c r„� ,. ,': � ,, �1L, ✓„/� r /� ,.<, /f rr�C/ � G r�;^,��.- /i/1r r iii. r �r�„ r �/, :.., �,.,,t „, r, , //// it%/�%i /ir ,,, ,/�/l//., c,✓ ., /,,;;r / ,,;rr%/ .. ,, A `r"r , % �y:-p 1, r,, x«0�o%rj � rY✓/, /ii/ /,� 1 li%„jj�� %; ;” i- .��/ d MATEC $F //iii;, � '” r, r /ii 977 vI x , io/ // ALL Irk .,.. „ ., � ,,, �,�:,, /„�, ,r, ..,,.,..,»,,r: � ..,r� ,iii,,,,,, r,,,, , /, /. ,/� LOCATION MAP PROJECT#E13083 NOr TO SCALE 1�rr COUNCIL EXHIBIT PA CKER CHANNEL �I7Y OF CORPUS CHRISTI, TEXAS 4S DEPARTMENT' OF ENGINEERING SERVICES M wpm ONIT+ RING - 2013-2014 'AGE 1 of I $- m � � N O � � U � o O � � U O ° N M � O � N c� U V Ell' r u i 1 / a� r _l O � G✓/!;, , ,.✓l�;J%, 11//r rr/ ,/, � �! IN .✓ /// /� ,// �l r // / r � „ ".� �" � r�i✓� / �� , / � �„ . ,err��/i �� ^ f ✓ � �� ,. „or,;, "M r/ �lY o// l//y �/ �,�r�/ wb'� �/%�1�+'✓�t%i// '""i��i�„%f%/i�%r��i / /i i�/'r/��d��, �!y rl�D��""��Y f rA Milk r ��//%/ /� �,r,.,ir•/ d�f,%�d�;�� `� 'i.U � ��1��°l�' � r err�: ne if ji�„� ✓lj '- r/r�� //i r�� 'rc',1�!awt V"w*# '�,� (G/ //iii/a �Y /� ”" f %�%�/�,,,,��I ��; /, /i j/r ��/l ril 0!r/�jY✓� �/ ''�d ,� ,' �� IJ AC 4.. ,,, it w / IS 11q, Al "Ob db y •� d%�r�//i%r 2��rii.Y� ��%��fide %l��/ %/� j,�w r %'��l r�r I r r � r � �a�' e,� !/ it 4�' op i r c' rr! � „ 'V%�,��j/%/JI„'/G//%%,r� //✓//,/(=,?""ww ��, ,a° F"..'.��% 1� �✓r 1, �, 1 +�; cQ U � � N N � p E O E T O C 0) +� — Q 0 � N O N U W U l co ® c U LU Q) N S V O QO • Q tt N P-� - L � U O O 0 M O }' Z — }, E v -W O LU CL ♦, c O L .......................... ,f ® c U LU O O 07 07 O O Lq L Q) O) O O LA CO -r-- 00 O 1` 00 CO 00 O Cr � � � (D LO M LO M M Ld f"'"1 Eft Eft � V 4� � O P� U N Z � J U Q N m C W J N O (' m � V J F--- Q cn U � N cn Q O Q L 0 N N � cn W U ca 0 0 Q U) H a. i W cB O W U U o M Q � 0 cn O z o � E a. a_ LL a- W .......................... ,f �US C Ga 0l AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22 2013 PCUNFORR1"® 1852 Second Reading for the City Council Meeting of October 29, 2013 DATE: October 15, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826-3464 Approval of Construction Contract: Oso Bay Area Park Development, Phase 2 (Bond 2008) CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek / Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. PURPOSE: To award the construction contract for the Oso Bay Area Park Development, Phase 2 BACKGROUND AND FINDINGS: This project, which is the second phase of the Oso Creek/ Oso Bay Area Park Development Plan, will construct a City Interpretive/Conservation Nature Park along the Oso Creek/Oso Bay area to include an educational lab building, shade structures, Discovery Garden, parking lot with drop off area, trails (concrete and decomposed granite) with signage, a pond with wetland development, viewing areas, restrooms, 300 foot extension of Oso Parkway, infrastructure improvements (water, wastewater, and storm water) furnishings, landscaping, a site for bird watching and other amenities. This project has been designed and will be constructed to meet the requirements for LEED certification. A LEED certification is the recognized standard for measuring building sustainability while reducing the negative environmental impacts of buildings and improving occupant health and environmental well-being. Areas measured include site sustainability, water efficiency, energy and atmosphere, materials and resources and indoor environmental quality. Planned infrastructure improvements involve a 300' extension of Oso Parkway's 80' R.O.W.(40' back to back curb and gutter) from Wooldridge Street north including concrete sidewalks. Utility trunk lines will be extended, including a 36" RCP storm line, 12" water main, 12" wastewater main, two 10' curb inlets, 12" C900 PVC water line, and 8" SDR26 PVC wastewater main. Drainage is directed to constructed wetlands, rain gardens, and areas of wetlands enhancement. Structures will be constructed from concrete, site cast concrete panels, masonry, and cementatious siding. A recycled material deck includes a canopy. A pond, west of the lab building utilizes onsite material as a liner. A Discovery Garden behind the buildings includes an 8' hill, concrete trails, plant beds, gathering space, slides, a pre-designed play structure, and a stand-alone wall with openings. Pavements include 10' wide concrete trail, integral color, plaza, and decomposed granite trails in the Conservation Easement. Vehicular access is a 24' wide concrete drive with ribbon curbs. An extension of the driveway leads to an area with maintenance building on slab and a dumpster enclosure. An asphalt parking lot of 46 spaces, with ribbon curb, includes four accessible spaces, two bus spaces and three dual bus drop off/parking spaces. The drop off area also includes a concrete, varying width trail with undulating seat walls. Furnishings and Signage include selections made to withstand the corrosive environment. Stainless steel, pipe, and recycled plastic are dominate materials. The plant palette consists of mainly native plants. Bermuda grass will be used in lawn areas as well as over an area of Pavegro. Irrigation is a hybrid drip/spray system utilizing rain water, well water, and potable water where applicable. The project budget does not allow for the award of any of the Additive Alternates. Additive Alternates are listed separately in the attached document. On September 11, 2013, the City received proposals from three (3) bidders and their bids are as follows: Total Base Bid Additive plus Additive Alternates 1 Alternates 1 thru Contractor Base Bid thru 17 17 Reytec Construction Resources, Inc. $4,215,816.00 $1,879,944.00 $6,095,760.00 Houston, Texas KJM Commercial, Inc. $4,650,870.00 $2,808,770.00 $7,459,640.00 Corpus Christi, Texas Journeyman Construction, Inc. $4,846,290.00 $1,892,980.00 $6,739,270.00 Austin, Texas ALTERNATIVES: 1. Award Construction Contract to Reytec Construction as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election. It has received grants from several state and local agencies including the Community Enrichment Fund ($450,000.00), the Coastal Impact Assistance Program 2010 ($1,500,000.00) and the Texas Parks & Wildlife Outdoor Grant ($500,000.00). Not awarding the Oso Creek/ Oso Bay Area Park Development Phase 2 will subject the City to risk of losing these and future opportunities for grant funding. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond Issue 2008; FY 2013-2014 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 2,339,200.00 3,182,100.00 5,521,300.00 Appropriation Ordinance 1,544,110.00 1,544,110.00 Bond 2008 Park Savings 254,300.00 254,300.00 TOTAL BUDGET 2,339,200.00 4,980,510.00 7,319,710.00 Encumbered / Expended Amount 2,339,200.00 2,339,200.00 This item 4,215,816.00 4,215,816.00 Future Anticipated Expenditures This Project 764,657.04 764,657.04 BALANCE 0 36.93 36.93 Fund(s): Parks and Recreation 2008 GO Bond Proceeds, Texas Parks and Wildlife Grants, Bond 2004 Project savings, Community Enrichment Grant Funds, and Water, Wastewater, and Storm Water Capital Improvement Reserves. Comments: This project is the second construction phase of Oso Creek/ Oso Bay Area Park. CIP PR04. RECOMMENDATION: City Staff recommend the approval of a construction contract with Reytec Construction, Resources, Inc. in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map List of Additive Alternates Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek / Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $450,000 from Fund 4720 Community Enrichment Fund to the Oso Bay Area Park Development, Phase 2 Project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $196,265 from Fund 3480 Storm Water CIP Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 4. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $319,740 from Fund 4510 Wastewater Capital Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 5. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 6. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $1,544,110 to the Oso Bay Area Park Development, Phase 2 Project. SECTION 7. The City Manager or designee is authorized to execute a construction contract for the Oso Bay Area Park Development, Phase 2 Project for the Total Base Bid in the amount of $4,215,816.00 with Reytec Construction Resources, Inc. of Houston, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET Oso Creek/Oso Bay Area Park Master Plan Project No. 3380 FUNDS AVAILABLE: Phase 1 Phase 2 Bond 2008 Park Funds......................................................... 979,586.24 1,770,413.76 Coastal Impact Assistance Program 2010................................ - 1,500,000.00 Texas Parks &Wildlife Outdoor Grant......................................... - 500,000.00 Texas Parks &Wildlife National Recreation Trails Gt..................... 200,000.00 0.00 Community Enrichment Fund (Land Purchase) ............................ 571,300.00 0.00 Street Capital Improvement Program Reserves............................. - 289,895.00 Storm Water Capital Improvement Program ................................ - 196,265.00 Water Capital Improvement Program.......................................... - 288,210.00 Wastewater Capital Improvement Program.................................. - 319,740.00 Bond 2008 Park Savings.......................................................... - 254,300.00 Community Enrichment Fund ................................................... - 450,000.00 TOTAL.................................................................................. 1,750,886.24 5,568,823.76 FUNDS REQUIRED: Construction - Phase 1 (1-120).................................................... 638,062.00 - Construction - Phase 2 (Reytec Construction) - Parks.................... - 3,364,528.31 Construction - Phase 2 (Reytec Construction) - Drainage................ - 152,835.95 Construction - Phase 2 (Reytec Construction) -Water.................... - 224,195.77 Construction - Phase 2 (Reytec Construction) -WW...................... - 248,738.74 Construction - Phase 2 (Reytec Construction) - Streets................... - 225,517.23 Total Construction........................................................... 638,062.00 4,215,816.00 Contingency- Phase 1 (1-120)..................................................... 38,076.00 - Contingency- Phase 2 (Reytec Construction)............................... - 210,790.80 Art 60,675.00 Land Purchase (to date)........................................................... 563,884.89 - Design Fees: Design Consultant, Phase One (RVI)*......................................... 306,029.00 - Project Management Services (R.H. Shackelford)......................... - - Survey Phase One (CRG)......................................................... 6,750.00 - Geotech Phase One (Rock)...................................................... 5,200.00 - C/M Testing Phase One (Rock)................................................. 9,714.00 - Design Consultant, Phase Two (RVI).......................................... - 709,390.00 Geotech Phase Two (Rock)...................................................... - 12,400.00 C/M Testing Phase Two (Estimate)............................................ - 60,000.00 Reimbursements: Contract Admin. (Contract Preparation/Award/Admin) ................... 43,105.10 73,776.78 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt .............. 92,473.07 86,424.23 Construction Inspection 19,141.86 115,934.94 Finance Reimbursements 27,443.06 21,079.08 Misc. (Printing, Advertising, etc.)................................................ 1,007.26 2,500.00 TOTAL 1,750,886.24 5,568,786.83 ESTIMATED PROJECT BUDGET BALANCE 0.00 36.93 *Original Contract Approved by Council on January 11, 2011 File \Mproject\councilexhibits\exh3380.dwg ri ' rr%/fr �I i uuuuuuuuuuuuuuuuuuumiuuuu I 1 p i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII { I� a / � uuuiuiil��l�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 1 PROJECT LOCATION / r �l r r r / J r l/ r r / / /O r / r LOCATION MAP PROJECT#3380 NOT TO SCALE CITY COUNCIL EXHIBIT OSO CREEK/ OSO BAY AREA CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK MASTER PLAN PAGE: 1 of 1 = _ Oso Bay Area Park Development, Phase 2 (Bond 2008) Bid Additive Alternates Reytec Alternate Construction 1 Photovoltaic system $23,000.00 2 Interpretive Center Breezeway & Seating including structural slab, complete structure, piers, cistern #2, flatwork, permeable pavers, planting and irrigation 711,074.00 3 Wind Turbine System — Deleted, not bid - 4 Entry drive and parking lot lighting including all fixtures, poles, installation, lighting wiring and conduit 93,400.00 5 Surfing Leaf 18,000.00 6 Play Structures including fall zone with pad and drain, play curb, retaining walls, trail, guardrail and custom slides 377,802.00 7 Dumpster enclosure including structural footing and bollards 18,000.00 8 Peek-A-Boo wall with upgraded fencing and signage 30,614.00 9 Shade Shelter in Conservation Easement including picnic table, structural slab, supports and roof 30,000.00 10 Site Lighting including conduit and wiring 64,904.00 11 Barrier Piers including cables 36,300.00 12 Windmill and Air pump including vault lid and all connections 11,000.00 13 Amphitheater Structure including columns and canopy 75,000.00 14 Pavegrow irrigation and seeding 125,530.00 15 Sign Columns including footing, texture and lettering 42,000.00 16 Stabilized decomposed granite trails including silt fencing, grading and re-vegetation 157,320.00 17 Map kiosks 66,000.00 Total Additive Alternates 1-17 $1,879,944.00 Total Base Bid $4,215,816.00 Total Base Bid Plus Add Alts 1-17 $6,095,760.00 -- � � N � � O V O � U A a� 4 3 u ui u i RH( IMll1 ti�J' wL iz F QL��'a7 N CL U W 1 4- py n � l L � o c� `Lo z u �-1 y bw 1 yaw` " NO ra l DIY l ��, tau u ry zu rrw :w+ M G C a i CL r4 IM Q1 N OD0. to L O U a) (D O � Z, � � co 0 O 0 U (D _ cn N +r � L O > co N 4-0 J Q 0 co N > 2 O 0 X C: — O Qtnm N� 0 .. � � O .C: UJ +� Oco m (a O N N N 0 (a U J O 0 . . . . . . . . . . > o Is co z a� CL n 4) cn � a �1 V V� 7 Q) N CL O • � a � U O P-� � . U m T" O .�4 LL 22 U — }, O >, � M N O � � ° L v � E z° � 9r- o O C/) N Z p j C: -0 V CL C: n M boo 3 � M OQ � o m � � O LU -0 Co _ U V U L Co a O 'oC: c a O O i LL U LU V CO O O O O O O w O O O O O O M M M 1— O O O O O O 1` O 00 O O O O O 00 Ci CV co O LO LO 0 0 0 M CO O LO O O O LO co co - O 07 CO � 19T O N -r- 07 f` 07 O O � 00 M N ti O 00 N N ti O 00 00 f` CO M A O ti 1` � O 07 CO 00 07 O 00 LO O O 07 N O 07 00 V a N o 00 rn 00 -r- LO CO � � c0 0 c0 rn CO O (= N N M � W N N 1— N W) N N L � L LLI cn m U U J CD MQM o CD L L W cn E E ° H E E � N N cn a� n Q2 U13 •� cp O O L LI N N . . N N W D N N � � J O M O M E W ch cn O co m Q Q U = = � � w cn � U- U U J O: cn J Q E N Q D iL-' 0=CY a: N Q �-- Z O L cn E H Z c c n cn cn O H cH O O O O -� a) a) a) a� O IL a- (D U IL U U Q o o cD U W SC j2 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 22, 2013 Second Reading Item for the City Council Meeting of October 29, 2013 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Approval of a farm and grazing lease agreement for 28.28 acres at Corpus Christi International Airport at a rate of$15 per acre. The agreement is for a five-year period. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of$15 per leased acre for a term of five 5 years. PURPOSE: The City leases airport acreage to farming entities for agricultural use. The farm lease agreements are mutually beneficial as the Airport is able to reduce mowing costs on unimproved property and also generate revenue. The farmers are able to plant crops or graze livestock and receive market value. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of the land remains unimproved and available for agricultural use. The Federal Aviation Administration (FAA) periodically requires portions of the acreage be removed from agricultural use to enhance runway safety or capital projects. Consequently acreage amounts may be adjusted during the term of the lease. These restrictions reduce the level of interest from other prospective tenants. We have reviewed professional appraisals for similar acreage and the market rate varies between $6 and $10 per acre. Though nominal, Airport staff is of the opinion that the $15 per acre is a fair rate when mowing of the acreage is factored in. ALTERNATIVES: The only alternative is for the Airport to retain the property and include the acreage as part of the regular mowing and maintenance cycle thus increasing operating costs. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Lease of agricultural acreage is consistent with the Airport Master Plans. , EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $83,414 $321,656 $405,070 Encumbered / Expended Amount This item (additional revenue) $424.20 $1,697.60 2,121,80 BALANCE $83,838.20 $323,353.60 $407,191.80 Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance James P. Kelly. — Farm and Grazing Lease Agreement Ordinance Authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of $15 per leased acre, for a term of five (5) years. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, which agreement is on file with the City Secretary's office, in consideration of an annual payment to the City of $15 per leased acre, for a term of five (5) years. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Page 1 of 2 Ordinance—Kelly Farm Lease 8-26-2013 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 Ordinance—Kelly Farm Lease 8-26-2013 FARM AND GRAZING LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND JAMES P. KELLY WHEREAS, the City of Corpus Christi ("City") owns the Corpus Christi Inter-national Airport("Airport"), located in Corpus Christi,Nueces County,Texas; WHEREAS, James P. Kelly, an individual residing in the State of Texas, ("Lessee") desires to lease a certain parcel of land at the Airport for crop farming and cattle grazing purposes;and WHEREAS, the parties desire to enter into a written lease for approximately 28.28 acres of land to permit Lessee to engage in crop farming and cattle grazing("Lease"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or designee ("City Manager"), and James P. Kelly, as Lessee. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ("Premises"), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 25.39 acres of land, excluding a fifteen(15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. Term. Subject to the remaining terms and conditions of this Lease, the term ("Term") of this Lease is five (5) years, beginning October 1, 2012, ("Effective Date"), and ending on the last day of the fifth(5th) full fiscal year thereafter("Termination Date.") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifteen Dollars ($15) per acre annually ("Lease Payment"). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ("City Council"). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi,Texas 78406 Page 1 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 5. Lease Agent. The City's Director of Aviation, or his designee ("Aviation Director"), shall administer this Lease and serve as the City's agent to receive all Lease Payments,notices, and reports due under this Lease. Section b. Use of Premises. Lessee must use the Premises for the purposes of crop farming and/or grazing cattle limited to the number of heads of cattle allowed per acre as established by the Texas Agricultural Extension Service, and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises, with the exception of fencing as required herein for containing cattle to be grazed on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Lessee may not provide grain feed for cattle upon the Premises or maintain a pond or other open body of water, either of which may be an attraction to wildlife hazards such as birds and other wildlife. Lessee must, at his sole expense, construct if necessary and maintain a fence for the purpose of containing all cattle to be grazed on the Premises. Lessee agrees that at all times, cattle must be secured within the fenced area and not allowed to graze or wander outside the fenced area of the Premises, identified on the attached Exhibit A. Upon discovery or notification of cattle that are not within the fenced area of the Premises, Lessee must immediately re-secure all cattle within the fenced area of the Premises at Lessee's own expense. The City retains the right to timely re- secure any cattle that are not within the fenced area of the Premises, as stated herein, and Lessee agrees to reimburse the City for its associated cost thereof plus 20% of said associated cost within thirty(30) days of Lessee's receipt of written demand therefor by the City. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including any and all defects known and unknown that may exist. Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage,pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Page 2 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ("FAA") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds;provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions, Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,`then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted,the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop land actually cultivated and farmed under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Term if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. Page 3 of 14 Kelly Farm and Grazing Lease 8-26-13 B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed-under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is falfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. I. Lessee shall, at its sole expense, maintain the fence required herein for the purpose of containing all cattle to be grazed on the Premises. Lessee shall inspect such fencing on a regular Page 4 of 14 Kelly Farm and Grazing Lease 8-26-13 basis, no less than once a week, to ensure its functionality. Lessee shall, at its own expense, repair any and all damage to such fencing, regardless of causation, immediately upon discovery or notification of damage. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15.Access to the Aircraft Operating Area. A. Lessee and its respective contractors, suppliers of materials, funnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, business invitees, in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. Lessee specifically agrees to adopt procedures to prevent cattle from entering the AOA. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons and/or cattle being grazed by Lessee, into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City,Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. Page 5 of 14 Kelly Farm and Grazing Lease 8-26-13 D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20%overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust,or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on,the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but Page 6 of 14 Kelly Farm and Grazing Lease 8-26-13 not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. a. Except for hazardous substances governed by and transported in full compliance with the transportation laws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equipment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ("MSD") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age,national origin, Page 7 of 14 Kelly Farm and Grazing Lease 8-26-13 handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal laws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement,management contract or subcontract,purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affimative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub- organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. Failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Page 8 of I4 Kelly Farm and Grazing Lease 8-26-13 Section 24. Cancellation; Termination; Re-entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; L Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ("business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof; 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 30 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terminates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. Page 9 of 14 Kelly Farm and Grazing Lease 5-26-13 2. In the event of termination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said Iandlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee must remove all equipment and/or cattle from the Premises within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property and/or cattle must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment and/or cattle within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and/or cattle and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty and/or cattle must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property and/or cattle, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Page 10 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month-to-month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re-delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL — Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against any and all claims and causes of action, administrative proceedings,judgments,penalties,fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, agents, or representatives arising directly or indirectly from or in any way connected with (i) any property damage or loss,personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives; (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders, or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby Page 11 of 14 Kelly Farm and Grazing Lease 8-26-13 expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ("Risk Manager"), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must name the City as an additional insured. Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the City: If to Lessee: Corpus Christi International Airport James P. Kelly Attn: Aviation Director 6601 Bear Lane 1000 International Drive Corpus Christi, Texas 78406 Corpus Christi, Texas 78406 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease Page 12 of 14 Kelly Farm and Grazing Lease 8-26-13 if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date, J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use,within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes,barrels, or other similar items in or within view from a public area is Page 13 of 14 Kelly Farm and Grazing Lease 8-26-13 not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any,must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE ORIGINALS this day of 12013. Attest: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager LESSEE: JAMES P. KELLY g Date James P.Kelly STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013,by James P. Kelly, Lessee. Notary Public, State of Texas Page 14 of 14 Kelly Farm and Grazing Lease 8-26-13 n1 r A N 03 > D m o o ° e P ()co ❑ � Q f DEPARTI2ENT OF AVIATIONa`F Y�'yy}iry- PRf.PalRF.f]tlY: EXHIBI "A" APPR I': cn 7 KELLY FARM LEASE CARL GAg53 ante CORPUS CHRISTI r-. INTERNATIONAL AIRPORT 2012 Fi E of 1 O� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 22, 2013 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: October 10, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawMC_?cctexas.com 361-826-1972 Execution of agreement with MSW Corpus Christi Landfill Ltd., and Gulley-Hurst LLC, for the disposal of brush, bulky items, and construction and demolition materials. CAPTION: Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. PURPOSE: An agreement to dispose of brush, bulky items, and construction/demolition materials, with MSW Corpus Christi Landfill Ltd., will offer a cost effective option to the City's current waste reduction and disposal practice. Annually, it will add 4 days of life to the Cefe Valenzuela Landfill, it sends a positive message regarding the City's practice of encouraging public-private partnerships, and it extends the City's effort to improve compliance with laws regulating collection and transportation of solid waste. BACKGROUND AND FINDINGS: The location and availability of the Gulley-Hurst Type IV Landfill has afforded the City of Corpus Christi a cost effective option for the disposal of brush and bulky materials that are classified as Type IV Solid Waste. The City and representatives for the Gulley-Hurst Landfill have negotiated a mutually beneficial contract. Based on historical volumes of waste, the City expects to pay MSW Corpus Christi Landfill Ltd, approximately $400,000 per year in disposal fees under this agreement. This $400,000 expense will be offset by approximately $200,000 in savings from the elimination of brush grinding, under the BFI Landfill Operations Contract, and by$200,000 additional Municipal Solid Waste System Service Charge revenue to be collected on behalf of the City at the Gulley-Hurst Landfill. ALTERNATIVES: Continue current operations and not execute agreement with MSW Corpus Christi Landfill Ltd. OTHER CONSIDERATIONS: Activation of this agreement will significantly impact the Solid Waste Operations Department's waste diversion goals. Brush, which is separated for grinding under the existing program, represents almost half of the materials diverted from the landfill. The current waste diversion rate is slightly less than 30%. If agreement is approved, the department will need reevaluate the aggressive goal of reaching a 60% waste diversion rate within 10 years. For this reason, the contract may be considered environmentally unfriendly. On a positive note, the woody materials resulting from windstorm events in May 2010 and June 2012 have created a surplus of mulched material stockpiled in windrows at the IC Elliott Landfill. The current inventory of mulch should continue to meet the needs residents and landscape contractors for the foreseeable future. CONFORMITY TO CITY POLICY: This item conforms to City policy regarding appropriations. EMERGENCY 1 NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: City Attorney, Finance FINANCIAL IMPACT: X Operating o Revenue in Capital c.i Not applicable ,........................................... .................................................................. Project to Date Fiscal Year: 2013 Expenditures - 2014 CIP onl Current Year Future Years TOTALS ............................... .................................................................. .......................................................... Line Item Budu, et ,,,,, Revenue $150,000.00 "$200,000.00 $350,000.00 ........................................................................................................................................................................ .. Encumbered 1 Ex.ended Amount This item $150,000.00 $200,000.00 $350.„000.00 .............................................................................................................................. 0 $0 Fund(s): #1020 —General Fund Comments: Overall, the agreement is designed to be cost neutral, and should have no impact on General Fund balance. RECOMMENDATION: Staff recommends the approval of agreement and the amendment to FY 2013-14 Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance, Agreement Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company. Section 2. The City Manager or designee is authorized to appropriate $150,000 of anticipated revenue in the No. 1020 General Fund. Section 3. That the FY 2013-2014 No. 1020 General Fund Budget is changed to increase Solid Waste Operations Department Revenues, adopted by Ordinance 029915, by $150,000. Section 4. That the FY 2013-2014 No. 1020 General Fund Budget is amended to increase Solid Waste Operations Department Expenditures, adopted by Ordinance 029915, by $150,000, That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGREEMENT THiS AGREEMENT made and entered into In this day of , 2013 by and between the City of Corpus Christi, hereinafter referred to as "City", and the owners of the Gulley-Hurst Type IV Landfill, MSW Corpus Christi Landfill, Ltd. , a Texas limited partnership and Gulley-Hurst LLC, a Texas limited liability company, hereinafter referred to as"Contractors"; RECITALS A. City and Contractors desire to enter into an agreement pursuant to. which Contractors will provide services (as defined below) to City at the Gulley-Hurst Type IV Landfill (as defined below) in accordance with the terms and subject to the conditions of this Agreement;and B. City has determined that the provision of such Services by Contractors to City are in the vital and best interests of City and the health,safety and welfare of its residents and in the accordance With public purposes and provisions of applicable federal,state,county,and local laws and ordinances. NOW,THEREFORE, for and in consideration of the mutual promises contained in this Agreement and of other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge the parties hereby covenant and agree as follows: ARTICLE I. 1.01 Defined Terms. Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1.01. "Affiliate" of a Person means any other Person controlling, controlled by or under common control with such Person. "Amyement"meansthis Agreement and all the D ibitstothisAgreement "Business Day"means arty day otherthan Sahxdayorsbyor a Holiday. "Bulky items" means the following large items that have been specifically authorized for collection of specified days under section 21-14 of the Corpus Christ] Code of Ordinances: indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances, and incidental construction and demolition materials as defined in section 21-1 of the Corpus Christi Code of Ordinances,that may be included in loads of materials collected by Solid Waste Operations during the collection of Bulky Items. "Brush" means tree.and shrub limbs and trimmings, which are less than three (3) inches in diameter,grass clippings,weeds, leaves, and mulch. "Heavy,Brush" means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter,tree trunks, root balls, and other large plant matter. 1 "City"means City of Corpus Christi,a Texas home rule municipal corporation. "City indemnified Parties" means City and its officers,representatives,employees oragent. "City's Responsibilities"means all of City's obligations pursuant to Section 2.03. "Construction or Demolition Waste" means waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the.by-products of construction work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons,gypsum board,wood, excelsior, rubber, and plastics. "Contract Year" means rolling twelve(12) month periods measured initially from the Effective Date to .the first anniversary of the Effective Date and thereafter to each subsequent anniversary of the Effective Date. "Cubic Yard" means the volume as determined by the size of the container,trailer or vehicle used to transport solid waste as evidenced by a,tag issued by the manufacturer or if such is not available the actual size of the container,trailer or vehicle as measured by Contractors. If City and Contractors cannot agree on the measurement, the term means twenty-seven cubic feet or 46,656 cubic inches. "Director" means City's Director of Solid Waste Operations or an individual designated by the Director of Solid Waste Operations. "Disposal" means the discharge,deposit, Injection,dumping,spilling,leaking,or placing of any Ty p i V so lid waste ("whether contalnerized or uncontainerized") into or on any land or water so that the Type IV solid waste or any constituent of the Type IVsolid waste may enter the environmentto be emitted Into the air or discharged into any waters,including groundwaters. "Effective Date" means the effective as of date set forth in the introductory paragraph of this Agreement. "Environment" or "Environmental" means matters relating to surface waters, groundwaters, soil, subsurface strata and ambient air. "Environmental Laws" means any Law and any judicial or administrative interpretation of a Law, including any judicial or administrative order,consent decree or judgment, relating to the Environment, health, safety or Hazardous Materials, including the Comprehensive Environmental Response, Compensation,and Liability Act;the Resource Conservation and Recovery Act; the Hazardous Materials Transportation Act; the Clean Water Act; the Toxic Substances Control Act; the Clean Air Act; the Safe Drinking Water Act;the Atomic Energy Act; the f=ederal Insecticide, Fungicide and Rodenticide Act; and the Federal Food, Drug and Cosmetic Act; and'the state or local equivalents of these Laws. "Fee" means the amount of money agreed upon by the parties,for all waste received at the Landfill, measured in cubic yards, as adjusted pursuant to this Agreement, as described on Exhibit A attached hereto. 2 "Governmental Authority" means any federal,state or local government, governmental, regulatory or administrative authority,agency orcom mission orany court,tribunal,or judicial or arbitral body. "Handled" means owned, leased, had an interest in, collected, generated, transported, stored, recycled,reclaimed, processed,disposed of,or contracted forthe disposal of. "Hazardous Materials" means: (a) petroleum and petroleum products, radioactive.materials, asbestos in any form that is or could become friable, urea formaldehyde foam Insulation; transformers or other equipment that contain polychlorinated blphenyls, and radon gas; or (b) any other chemicals, materials or substances defined as or included in the definition of"hazardous materials," "hazardous wastes," "hazardous substances," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic wastes," "toxic pollutants," "contaminants," "pollutants," 'Infections Wastes," "medical wastes," "radioactive wastes," "sewage sludges" or words of similar import under any applicable Law. "Holida ' means any day designated as a holiday by the City of Corpus Christi. "Insurance Representative", means any management employee of the insurance company which Insures Contractors. "Landfill" means Gulley-Hurst Type IV Landfill located in Corpus Christi,Texas. "Law" means any federal, state or local statute, law, ordinance, regulation, rule, code, governmental order, requirement or rule of common law, Including any Environmental Law. "Losses" means claims, costs, losses, liabilities, damages, Injuries, fines, penalties, assessments and expenses,including reasonable attorneys'fees,all litigation expenses, and court costs. "Municipal Solid Waste System Service Charge." means a fee, imposed by the City and collected by Contractors, charged with respect to any waste delivered to the Landfill. City will provide Contractors with written instructions as to the amount of the Municipal Solid Waste System Service Charge during the term of this Agreement. "Permit"means Contractors'operating permit(s)for the Landfill. ''Person" means any individual, partnership, firm, corporation, limited liability company, association,trust, unincorporated organization, Governmental Authority or other entity. "Plan„ means the Landfill's Site Operating Plan. "Release" means disposing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying, seeping, placing or otherwise releasing into, upon or under any land, water or air or otherwise entering into the Environment. "Services" means all of Contractors'obligations pursuant to Section 2.02. 3 "TCEW means the Texas Commission on Environmental Quality, and any of its predecessor or successor agencies, including the Texas Water Commission and Texas Natural Resource Conservation Commission. "Term„ has the meaning set forth in Section 2.05. "Type IV Waste"means Brush, Bulky Items, Construction and Demolition Waste,and Heavy Brush. "Waste AccentanceHcurs" means Monday through Friday 8:00 am. to 5:00 p.m., but excluding any Holiday,or such other time periods totaling 45 hours per week as may be mutually agreed by the parties from time to time. 1.02 Int r r t Lion . (a) Captions. The captions in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or Interpret any of its provisions. (b) Include. The terra "include" and similar terms shall be construed as if followed by the phrase "without limitation." (c) Time far Perfonnance.Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Sunday or Holiday,such time for performance shall be extended to the next Business Day.Otherwise,all references hereinto"days"shall mean calendardays. (d) Construction of Agreement.The parties have participated jointly in negotiating and drafting this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. (e) Laws.Any reference to any Law shall be deemed to refer to the Law,as amended,and to all rules and regulations promulgated thereunder,as amended,unlessthe context.requires otherwise. AR71CLE I I LANDRLLSERVI[ES.MY'SRESPONSII LITIESANDTERM 2.01 Non-Exclusive Right to Provide Services. City hereby grants to Contractors a non-exclusive right to provide the ServioesduringtheTerm,exceptwhen mutuallyagreed upon bVthe parties. 2.02 Services Provided 4y Contractors. (a) Services. Contractors shall accept all waste, including Bulky Items, Brush, Construction or Demolition Waste and Heavy Brush, that may legally be disposed of in a Type IV Landfill delivered by the City of Corpus Christi or licensed haulers. Contractors are not bound to accept any waste not permitted under TCEQ Permit 2349 4 issued for operation of the Landfill. (b) location of Services. Contractors shall provide the Services at the Gulley-Hurst Type IV Landfill, located at 1435 Country Road 26,Corpus Christi,Texas 78415. (c) Storms and Other Disasters. The Services do not include any increased volume resulting from a flood, hurricane or other act of God over which both parties have no control that is subject to the force majeure provisions of Section 7.05. (d) Complaints. Contractors shall give all City complaints prompt and courteous attention. Contractors shall investigate all complaints and if the allegations are verified, take reasonable means to correct the complaint within 48 hours after the complaint is received. The reasonableness of the means to correct the complaint will be determined in the reasonable discretion of the Director. (e) Reports. Contractors shall deliver to City a written report regarding airspace volume calculations for the Landfill on an annual basis for each calendar year(or partial calendar year) during the term of this Agreement.The first report shall be submitted on or before January 3l,2014,and reportsfareach subsequent yearshall besubmkted on orbeforeJanuary ofeach year. (f) Collection of the Municipal Solid Waste System Service Charge. The collection and remittance of the Municipal Solid Waste System Service Charge shall be governed by "Exhibit B". (g) Charges to Customers. Nothing in this Agreement shall be construed in any way to restrict the rights of Contractors to establish its charges for tipping fees and other services provided to its customers other than the City. 2.03 City's Responsibilities. City shall provide at its expense all labor, Supervision, materials, supplies,equipment and resources to perform obligations that include the following with respect to the Landfill: (a) City shall provide Contractors with City's insurance information. (b) City shall cause City employees to conduct themselves in a professional manner while on the Contractors' premises and follow orders of Contractors' employees. (c) City shall designate the Contractors' landfill as a disposal site operated by the City's Solid Waste department for the purposes of Section 21-47 of the City's Code of Ordinances. (d) City shall deliver to Contractors' Landfill a minimum of 231,500 Cubic Yards of Type IV solid waste ("Minimum Required Disposal") during each Contract Year during the term of this Agreement. (e) In the event that City has reason to believe that it will deliver less than 425,000 tons of solid waste to the City's own Cefe Valenzuela landfill, the Contractors and the City shall renegotiate Section 2.03 of this contract. If an agreement cannot be reached, the parties shall attend mediation as prescribed in Section 8.11(a). 5 2.04 Compliance with Permit.Law, Etc. (a) Compliance with Laws and Plan. Contractors are responsible for ensuring that the use and operation of the Landfill complies with all applicable Laws and shall perform the Services in accordance with applicable Laws and the Plan. (b) TCEQ Fees. Contractors shall be responsible for the payment of all existing fees required by the TCEQto operate the Landfill. 2.05 Term. Unless earlier terminated.pursuant to the provisions of this Agreement, the term of this Agreement(the "Term") commences on the Effective Date and continues for a period of 10 years afterthe Effective Date. Parties may renew this Agreement for an additional 10 years (which if so renewed shall be deemed part of the "Term") on the same terms and conditions as set out In this Agreement.To exercise its renewal option, City must give Contractors written notice of renewal at least six months before the last day of the initial Term.Contractors shall have the right, upon 30 days' advance written notice.to City at any time during the Term of this Agreement,to terminate this Agreement. 2.06 City's Rights. (a) Phone Numbers.Contractors shall provide City a current list of names and phone numbers for use by City in the event of an emergency. (b) Examination of Books and Records. (1) City reserves the right to examine or cause to be examined, at any reasonable time upon reasonable request (but in no event more often than quarterly during the Term of this Agreement,the books, papers and records of Contractors solely to the extent they relate to verifying Contractors' compliance with the terms of this Agreement. (2) If City needs copies of any such records it has reviewed, before any copy of.a Contractors record is removed from Contractors offices, Contractors shall have the right to review the copy to determine if the copy contains any privileged commercial information, and to mark each sheet of paper that contains any privileged commercial information with a notation that it contains proprietary information that should not be made available to the public. (3) All copies with the proprietary information notation will be treated by City as privileged commercial information under Section 552.110 of the Texas Public Information Act, Chapter 552,Texas Government Code. (4) If a request is received for the information, the request and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. (5) The City will withhold the information from the requester under Section 552.305 of the Act,until after the Attorney General's decision is received. 6 (6) The City shall not release any information unless directed to do so by the Attorney General. .(7) Any officer or authorized employee of City may enter upon the Landfill with notice at any time, for any purpose incidental to City's retained rights of and in the Landfill; provided, however, that any such entry shall not interfere with the Services. ARTICLE Ili. LEES 3.01 Fees. (a) Generally. During the Term, City shall.pay Contractors the Fee for all waste received at the Landfill. (I) For purposes of determining the amount due Contractors from City, Contractors shall provide City with a detailed listing of all transactions at the Landfill within five Business Days after the end of each calendar month, with such listing being sufficient to show the monthly Cubic Yardage upon which the Fee for the month is based, as well,as a total of the Municipal Solid Waste System Service Charge collected. Contractors shall provide City with a bill based on such listing within five Business Days. Fee payments shall be made by the City to the Contractors by the last Business Day of the month following the calendar month in which the waste was received at the Landfill..After reasonable advance notice given to Contractors, Contractors shall permit City's designated representatives to have access to the Landfill records, during Waste Acceptance Hours and at City's expense, for inspection and copying of Contractors books and records pertaining to the determination of the yardage in question. 3.02 Annual Adiustment cf Fee.The Fee shall be Increased or decreased annually, commencing on October 1, 2014 and on that same date for each subsequent year during the term of this Agreement, by the greater of the percentage increase or decrease, if any, in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, All Items, for urban wage earners and clerical workers for the South Urban area. The base month for such calculations. (the denominator in the calculation) shall be June 2013, and adjustments shall be based on the index published for June of each year (the numerator in the calculation), with the rate adjustment to be effective as of October 1 of each year. 3.03 Adustment of Fee for Change in Laws,Permit or Plan.Contractors shall have the right to increase the Fee from time to time to cover any increase in its costs to provide the Services as a result of a change in the Insurance requirements imposed by this Agreement, in any applicable Laws, in the Permit or in the Plan and not resulting from Contractors' negligence.Any such increase shall be effective upon one month's written notice by Contractors to City, unless City objects in writing to such increase, (with City not to unreasonably object), subject to City Council annual funding. 3.04 Percentage of Municipal Solid Waste System Service Charge. During the Term,Contractors agrees to collect the Municipal Solid Waste System Service Charges assessed by the City's Code of Ordinances on loads of Type IV solid waste delivered to the Landfill by commercial haulers from customers within the corporate limits of the City as provided in Exhibit B attached. City agrees to remit a portion of such MSW . System Service Charges collected to Contractors as provided on Exhibit.B in consideration of Contractors' 7 providing the capacity.for solid waste disposal under this Agreement. City agrees that for the term of this Agreement Landfill shall be considered the same as any other disposal facility operated by City for the purposes of assessment of the Municipal Solid Waste-System Service Charge. ARTICLE IV. ASSIGNMENT _4.01 Assignment. Contractors may assign this Agreement or any portion thereof upon first obtaining the' prior written consent of City acting through its City Council, which consent shall ° not be unreasonably withheld. Notwithstanding the foregoing,-Contractors (i) Contractors may, without notice to or consent of City, assign this Contract to any purchaser of all or a portion of the L a n d f i l l, and (!I) Contractors may, without notice to or consent of City, collaterally assign the Agreement to any lender to Contractors or any of its Affiliates. City may, upon written notice to Contractors but without Contractors' prior written consent, assign all or any portion of this Agreement for any lawful purpose; provided, however, that such assignment shall not relieve City of any obligation under this Agreement without the consent of Contractors. 4.02 Release of Contractors' Liability. If an assignment of this Agreement shall be made by Contractors or any successor of Contractors, the assignee shall be subject to the same terms and conditions contained in this Agreement, and Contractors or any successor herein so assigning and conveying shall thereafter be forever released and discharged frond this Agreement and from the agreements and covenants contained In this Agreement if the assignee covenants to assume all obligations and duties of Contractors under this Agreement. ARTICL) V, INSURANCE:INDEMNITY 5.01 'Insurance. (a) Generally. Contractors agree to secure and maintain at Contractors' expense, during the Term, insurance of the type and with the amount of coverage shown on the attached Exhibit C,which is incorporated in this Agreement by reference. (b) Certificate of Insurance. At least ten Business Days priorto the commencement of any Services at the Landfill, Contractors shall furnish an original completed Certificate(s) of Insurance to the Director, which have been completed by an agent authorized to bind the named underwrlter(s) and their company to the coverage, limits, and termination provisions shown on the Certificate(s) of Insurance, and which furnish and contain all required information referenced or indicated on the certificate(s). (i) The original certificate(s) must have the agent's ' signature, including the signer's company affiliation, title, and phone number, and be mailed directly from the agent to the Director. (il) City has no duty to pay or perform under this Agreement until the certlficate(s) have been delivered to the Director, and no officer or employee, other than City's Risk Manager or City Manager, have authority to waive this requirement. 8 (c) City reserves the right to review the insurance requirements of this Section during the effective period of this Agreement and any extension or renewal of this Agreement and to modify insurance coverage requirements and their limits when deemed necessary and,prudent by the Risk Manager `based upon changes In statutory law, court decisions, or circumstances surrounding this Agreement. (d) Contractors'financial integrity is of interest to City,therefore,subject to Contractors' right to maintain reasonable deductibles in such amounts as are approved by City's Risk Manager, Contractors shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension of this Agreement, at Contractors' sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated B+ or better by A.M. Best Company and/or otherwise acceptable to City. (e) Contractors agree that with respect to the above required insurance, all insurance contracts and Certificate(s)of insurance will contain the following required provisions: (1) Show City (City, for this purpose, is defined as the municipal corpo ration, its elected officials, officers, directors, employees, agents, and representatives) as additional insureds (as the interests of each insured may appear), as to all applicable coverages with respects to operations and activities of, or on behalf of, the named insured performed under Agreement with City, for the commercial general liability coverage. (ii) Contractors' insurance must be deemed primary with respect to any insurance or self insurance carried by City for liability arising out of operations under the Agreement with City. (ill) Workers' compensation and employers' liability policy must provide a waiver of subrogation in favor of City except for the sole negligence of City. (iv) Contractors shall cause Contractors' Insurance Representative shall notify City, in writing,in the event of any notice of cancellation,non-renewal,or material change in coverage. (A) The written notice of any notice of cancellation or non- renewal must be given not less than thirty (30) days prior to the cancellation or non-renewal. (B) The written notice of any cancellation due to non-payment of premiums must be given not less than ten (10) days prior to the cancellation for nonpayment of premiums. (C) The written notice for cancellation due to non-payment of premiums must be accompanied by a replacement Certificate of Insurance or Reinstatement Notice of Coverage. (I]) All written notices under this subsection shall be given to 9 the City at the following address: City of Corpus Christ] Director,Solid Waste Operations 2-525 Hygeia Street Corpus Christi,Texas 78415 (f1 If Contractors fail to maintain the insurance coverage required by this Section and Exhibit C, or fails to secure and maintain the required endorsements, City may obtain such insurance, and deduct and retain the amount of the premiums for the insurance from any sums due under the Agreement. (i) However, procuring of Insurance by City is an alternative to other remedies City may have,and is not the exclusive remedy for failure of Contractors to maintain the insurance or secure an endorsement. (li) In addition to any other remedies available, City may require Contractors to stop Services under this Agreement, or to withhold any payments) which become due and payable to Contractors under this Agreement, until Contractors demonstrates compliance with the requirements of this Section. (h) Nothing In this Section may be construed as limiting in any way the extent to which Contractors may be held responsible far payments of damages to persons or property resulting from Contractors or its subcontractors' performance of the Services under this Agreement. (i) City may declare Contractors in default of this Agreement if more than 30 days have elapsed since original date of requested insurance documents and Contractors has not delivered the requested insurance documents to City. 0) If Contractors` workers' compensation insurance coverage for its employees working at the Landfill is terminated or cancelled for any reason, and replacement worker's compensation insurance coverage meeting the requirements of this Agreement is not in effect on the effective date of cancellation of the worker's compensation insurance coverage to be replaced, then any Contractors employee not covered by the required worker's compensation insurance coverage may not perform: any Services at the Landfill. (k) In accordance with other requirements of this Agreement, Contractors may not permit subcontractors or others to work at the landfill, unless all individuals working at the landfill are covered by worker's compensation insurance and unless the required documentation of such coverage has been provided to Contractors andthe Director. (I) In the event of an accident resulting from the Services or occurring on the portion of the landfill on which Contractors is providing the Services,Contractors shall: (A) Promptly provide the City with a brief description of the accident,including the date of the accident and the persons involved,and (B) Furnish the City with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include Contractors or its Affiliates'employees, agents, 10 insurers, attorneys or other representatives, and in no event shall Contractors be obligated to provide any internal report,any report that is privileged or constitutes attorney work product, or any report that is not forwarded to an independent third party. It shall be Contractors 's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to Contractors by the City or a third party and resulting from the Services or occurring on the portion of the Landfill on which Contractors Is providingthe Services. (m) In the event of an accident resulting from the City's Responsibilities or occurring on the portion of the landfill on which the City is performing the City's Responsibilities,the City shall: (A) Promptly provide Contractors with a brief description of the accident, including the date of the accident and the persons involved;and (B) Furnish Contractors with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include the City or its employees, agents, insurers, attorneys or other representatives,and in no event shall the City be obligated to provide any internal report, any report that is privileged orconstitutes attorney work product,orarry reportthat is rotforwarded to an independent third party.It shall be the Cry's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to the City by Contractors or a third and resulting from the City's Responsibilities or occurring on the portion of the landfill on which the City is performing the City's Responsibilities. (n) Contractors shall obtain an endorsement to the applicable insurance policy, signed by the insurer,stating. "In the event of cancellation,each insurer covenants to mail prior written notice of cancellation to: "1. Name: CityofCarpusQYM Director,Solid Waste Operations 112. Address: 2525 Hygeia Street Corpus Christi,Texas 78415 113. Number of days advance notice:30" (o) At least ten Business Days prior to the commencement of any Services at the landfill under this Agreement, Contractors shall provide the Director with a certificate of insurance certifying that Contractors provides worker's compensation insurance coverage for all employees of Contractors employed at the landfill under this Agreement (p) Contractors shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that City is an additional insured under the insurance policy.The City need not be named as additional insured on worker's compensation coverage. 5.02 Indemnification. (a) Contractors agree to indemnify, defend and hold the City Indemnified Parties hornless from and against any and all Losses (and Contractors shall bear the cost of one firm of attorneys selected by Contractors, but reasonably satisfdctory to the City Attorney, in connection with such defense) paid, incurred or suffered by City Indemnified Parties to the extent resulting from or incident to, arising out of, caused by, or in any way connected with, either proximately or remotely,wholly or in part: (1) Contractors'performance under this Agreement; (ii) Contractors'use of the Landfill and any and all activities associated with Contractors'use of the Landfill under this Agreement; (iii) The violation by Contractors,its officers,employees,agents,or representatives of any Law pertaining, directly or indirectly, to this Agreement; (iv) The exercisebyContractors of its rights under this Agreement; (v) Any intentional or negligent act or omission act or omission on the part of Contractors, its officers, employees, agents, or representatives pertaining to this Agreement;or (vi) Any breach of the representations, warranties or covenants of Contractors in this Agreement: The obligation to defend includes the obligation to investigate and settle or otherwise dispose o f third parry claims. (b) Notwithstanding the foregoing, however, City acknowledges and agrees that Contractors shall have.no responsibility or liability with respect to: (i) Any Release or Handling of Hazardous Materials or violation of Environmental Laws (other than those caused by the negligent act or omission of Contractors, ); or Any Environmental condition existing at, on, under or above the Landfill (including those relating to soil and groundwater contamination, on-site waste placement, air emissions, etc.), except to the extent caused by the intentional or negligent act or omission of Contractors. ARTICLE VI. RERRFSENTA-noN .WARRANTIESANDCQVENArOs 6.01 Representations. Warranties and Covenants of Contractors. Contractors make the following representations,warranties and covenants to,with and for the benefit of City,its successors and assigns: (a) Contractors are a limited partnership and a limited liability company, respectively, duly organized and validly existing under the Laws of the state of its organization with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) No approval, authorization, order or consent of, or declaration, registration or filing with, any 12 Governmental Authority is required for the valid execution, delivery and performance of this Agreement by Contractors,except such as have been duly obtained or made. (c) No encumbrance with respect to Environmental liability has been imposed against Contractors or the Landfill'under any Environmental Law or other applicable Law,and no facts or circumstances exist which. would give rise to the same. Further, no portion of the Landfill is listed on the CERCLIS list or the. National Priorities List of Hazardous Waste Sites or any other similar list maintained by any Governmental Authority, and Contractors:' (i) are not listed as a potentially responsible party.with respect to:the Landfill or as, a result of the operation by any Person of the Landfill under any Environmental Law or other applicable Law; (ii) have not received a notice of such listing; and (iii) have no knowledge of any facts or circumstances which could give rise to such a listing. (d) The Landfill is fully licensed, permitted and authorized to carry on its current and contemplated business under the Permit, all Environmental Laws and all applicable Laws (including zoning and land use requirements). Contractors have furnished City with a true and complete copy of the Permit; Permit applications, and subsequent amendments to the Permit. All records and correspondence between Contractors and the Texas Department of Health and the. TCEQ are of public record and available in Austin,Texas. (e) Contractors know of no reason that might be the basis for the revocation. or suspension of any of the Permit or any of the Landfill's other permits, licenses, zoning variances or other approvals. (f) No action is pending or, to the best of Contractor's knowledge, threatened, against Contractors or any other Person relating to the Landfill or the transactions contemplated by this Agreement, at Law or in equity. Contractors have not received notice of any of the above, and; to the best of Contractors' knowledge, no facts or circumstances exist which would give rise to any of the foregoing. (g) Contractors have adopted a Drug Free Workplace and drug testing policy that applies to Contractors'employees at the Landfill. 6.02 Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants to, with and for the benefit of City, its successors and assigns: (a) City is a home rule municipal corporation duly organized and validly existing under the Laws of the State of Texas with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) City has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal, valid and binding obligations of City, enforceable against City in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution, delivery and performance of this Agreement by City,except such as have been duly obtained or made. 13 (d) City shall not use the Landfill for any purpose other than utilizing the Services or as otherwise contemplated in this Agreement without City Manager's prior written approval (e) City shall not exhibit, inscribe, paint, erect, or affix any sign at, on,.or about the Landfill without Contractors prior written approval. Contractors may require City to remove, repaint, or repair any signs allowed within one month after Contractors' written demand to do SO. ARTICLE VII. DEFAULT 7.01 Default by City. Any one or more of the following events shall constitute an Event of Default by City underthis Agreement: (a) City files for protection under the US Bankruptcy Code and fails to make payments when due to Contractors; or (b) Any material representation or warranty made by City to Contractors herein is false, Incorrect or misleading. (c) City fails to perform any material covenant or obligation of City under this Agreement. 7.02 Contractors' Remedies. Upon or after the occurrence of any Event of Default specified in Section 7.01,Contractors may,at their option,do any or all or any combination of the following: (a) Perform at City's expense any such act required to be performed by City under the Agreement and any amounts advanced by Contractors for such purposes shall be due from City to Contractors within one month after notice by Contractors to City of any such payment, with interest at the prime interest rate on the date of the default from the date of payment thereof by Contractors until repayment thereof to Contractors by City. (b) Terminatet his Agreement. (c) Pursue against City any remedy available at Law or in equity. 7,03 Default by_Contractors. Any one or more of the following events shall constitute an Event of Default by Contractors under this Agreement: (a) Contractors fail to commence the Services within three months after the Effective Date; (b) Contractors fall to maintain the insurance required by Section 6.01; (c) Contractors files for protection under the US Bankruptcy Code and fails to make payments when due to City; (d) Any material representation or warranty made by Contractors to City herein is false,incorrect or misleading;or 14 (e) Any material failure by Contractors to provide the Services,which failure continues for five (5)days following receipt by Contractors of a notice of such fallure from City. 7.04 City's Remedies. Upon or after the occurrence of any Event of Default specified in Section 7.03,City may,at its option,do any or all or any combination of the following: (a) Terminate this Agreement, (b) Pursue against Contractors any remedy(otherthan termination ofthis Agreement)available at Law or in equity. 7.05 Force Majeure. No party to this Agreement shall be liable for delays or failures in perfnrmance due toany cause beyond their control,indudng any delays or failures in performance caused by strikes, lockouts,fires, acts of God or the public enemy, common carrier, severe inclement weather, terrorist acts, riots or interference by civil or military authorities. The delays or failures to perform 'extend the period of performance until these exigencies have been removed. Contractors shall inform City in writing of proof of the force majeure within ten Business Days orotherwise waive this right as a defense. ARTICLE VIII. MISCELLANEOUS 8.01 Title to Landfill. The City has no possessory or other right, title, interest or estate in the Landfill other than the rights granted to it under this Agreement, and the City shall in no event be deemed to have any ownership, leasehold or possessory right in or control over the Landfill. The City acknowledges that: (i) Contractors do not warrant Contractors' title to the Landfill; a n d (Ii)this Agreement and the rights and privileges granted to both parties under this Agreement are subject to all covenants, conditions, restrictions, and exceptions of record or apparent; 8.02 Governing Law., This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction otherthan the State of Texas. 8.03_ Severabilitx. (a) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the Law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph,subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. (b) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future Law effective during the Term, then the remainder of 15 this Agreement is not affected by the Law, and in lieu of any illegal, invalid,or unenforceable clause or provision,a clause or provision,as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal,valid,and enforceable,will be added to this Agreement automatically. 8.04 Amendment. This Agreement may not be amended except by a written instrument executed by each party to this Agreement acting through a person authorized to sign agreements on behalf of such party (which,in the case of City,shall be the DirectororCrty Manager). 8.05 Notices. All notices or other communications required or permitted under this Agreement by either party must be in writing and must be given by depositing the same in the United States mail, addressed to the party to be notified,postage prepaid and registered orcertifiedwith return receipt requested,by overnight courier, pre p aid, or by delivering the same in person to such party,addressed as follows: To City: The City of Corpus Christi Director of Solid Waste Operations 2525 Hygeia Street Corpus Christi,Texas 78415 To Contractor C/O Blue Door Properties Limited, Inc. 410 Pierce Street,Suite 332, Houston,TX 77002 Gulley-Hurst, L.L.C., 6421 Saratoga Boulevard. Building Number 101 Corpus Christi,Texas 78414 Notice shall be deemed given and effective the day personally delivered,the Business Day after it is given to the overnight courier,subject to signature verification, and two Business Days after deposit in the U.S. mail of a writing addressed and sent as provided above. Either party may change the address for notice by notifying the other parry of such change in accordance with this Section. 8.06 Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to either party as a result of any breach or default by the other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default,or of or in any similar breach or default occurring later. No waiver of any single breach or default shall be deemed a waiver of any other breach or_default occurring before or afterthat waiver. 8.07 Entire Aereement. This Agreement is the final, complete and exclusive statement of the agreement between the parties with relation to the subject matter of this Agreement. There are no oral representations, understandings or agreements covering the same subject matter as this Agreement. This Agreement supersedes and cannot be varied, contradicted or supplemented by evidence of, any prior or contemporaneous discussions, correspondence,or oral or written agreements or arrangements of any kind. 8.08 Counterparts. This Agreement may be executed in two or more original or facsimile counterparts, each 'of which shall be deemed an original and all of which together shall constitute but one and the same instrument 16 8.09 Further Assurance. The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action as shall be necessary or desirable to fully carry out this Agreement and to fully consummate and efEectthe transactions contemplated hereby. 8.10 Third Parka Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any Person, including the public, as a third party beneficiary, under any taws or otherwise. 8.11 Dispute Resolution. (a) Mediation. If a dispute arises out of or relates to this Agreement, the relationships that result from this Agreement the breach of this Agreement or the validity or application of any of the provisions of this Section 8.11,and,if the dispute cannot be settled through negotiation,the parties agree to submit the dispute to mediation prior to commencing litigation.The parties will attempt in good faith to agree on a neutral mediator to resolve the dispute. The mediation will follow thei procedures set forth in the American Arbitration Association Commercial Mediation Rules, if the parties cannot agree on a mediator within 20 days after mediation has been demanded, they will submit the dispute for mediation to be administered by the American Arbitration Association under the Commercial Mediation Rules before resorting to litigation. Neither party may commence or pursue arbitration until this non-binding mediation has been conducted and concluded. The parties agree that, upon initiating mediation, they will agree with the mediator on a time at least five days before the mediation to submit and exchange with one another detailed position papers. The position papers shall include a factual recitation of the dispute, each party's position on the facts and the law, the party's assessment of the likely outcome and its/their position on settlement. Each party will bear its own expenses incurred (including attorneys' fees) in connection with the mediation, and will equally share the mediator's fees and expenses. (b) Waiver of Sovereign Immunity. City waives any sovereign immunity it may have with respect to this Agreement,including any arbitration relatingto a breach ofthis Agreement. 8.12 No Brokers. City represents and warrants to Contractors and Contractors represent to City that the warranting party has had no dealings with any broker, agent or other Person so as to entitle such Person to a commission or fee in connection with the transactions contemplated by this Agreement. If for any reason a' commission orfee becomes or is claimed to be due with respect to dealings by City, City shall indemnify and hold harmless Contractors from all Losses relating to such claim.if for any reason a commission or fee becomes or is claimed to be due with respect to dealings by Contractors, Contractors shall indemnify and hold harmless City from all Losses relating to such claim. 8.13 Estoppel.From time to time within 20 days after request therefore by either of the parties,City or Contractors shall deliver to the other parry a certificate stating:(a)whether or not this Agreement is in full force and effect; (b) whether or not this Agreement has been modified or amended in anyway and attaching a copy of such modification or amendment; (c) whether or not there are any existing defaults under this Agreement to the knowledge of the parry executing the certificate, and specifying the nature of such defaults,if any; (d)the status of payments required by this Agreement;and(e)any other facts regarding the operation of the Agreement that the other party may reasonably request. 8.14 Survival. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that:(a)the parties have expressly agreed sunr'nre any the termination or expiration;(b)remain to be performed; or(c) by their nature would be intended to be applicable following the 17 termination or expiration of this Agreement. 8.15 11nding Effect.This Agreement shall be binding upon and inure to the benefit of,to the extent provided herein, City and Contractors and all parties having or acquiring or claiming through City and Contractors any right, title or interest in or to any portion of, or interest or estate in, the Landfill and all covenants, agreements, conditions and undertakings in this Agreement shall be construed as covenants running with the Landfill site. Notwithstanding the foregoing, however,Contractors acknowledges and agrees that this Agreement is not binding an Gty until properly authorized by City's City Council and exeated bythe Director or City Manager. EXECUTED this the _day of . 20_, by City, signing by and through its City Manager, approved on ,and by Contractors,acting through its duly authorized official. APPROVED AS TO FO GULLEY-HURST, L.L.C. BY Douglas K.DeFratus Assistant City Attorney BY R. Bryan7Gullef -� Manager MSW CORPUS CHRISTi LANDFILL, LTD. By: Blue Door Properties Limited,lnc. Its'General Partner BZ A"O' Tom Noons President CITY OF CORPUS CHRISTI BY Ron Olson City Manager 18 EXHIBITA Fee Provisians During Waste Acceptance Hours, the Fee paid to Contractors by the City shall be$1.60 per Cubic Yard of' Heavy Brush, Brush,and Bulky Items as dei=gned In Article.l., 1.01,delivered to the Landfill. On Saturdays, Sundays and Holidays, the Fee paid to Contractors by the City shall be $2.00 per Cubic Yard of Heavy Brush, Brush, and Bulky,Items as defined in Article 1,Section 1.01 delivered to the Landfill. Regarding any load composed of more than fifty (50) percent Construction or Demolition. Waste delivered to the Landfill, the Fee paid to Contractors by the City shall be $10.00 per Cubic Yard of Construction or Demolition Waste delivered to the Landfill. If a load delivered by City to the Contractors in a container of 30 yards or less is found to contain more than five percent (5%) Construction and Demolition Waste, mixed with Heavy Brush, Brush, and Bulky Items,the City shall pay a$15 surcharge in addition to the Fee paid to the Contractors. If a load delivered by City to the Contractors in a container of more than 30 yards is found to contain more than five percent (5%) Construction and Demolition Waste, mixed with Heavy Brush, Brush, and Bulky Items,the City shall pay a$30 surcharge in addition to the Fee paid to the Contractors. Either party may request to revisit the pricing structure set forth in this attachment within first twelve months of execution. The above Fees do not include any state, federal or other governmental taxes, assessments or regulatory fees applicable to the transport or disposal of Type IV solid waste for which the City is not exempt under applicable law. 19 EXHIBIT B Municipal Solid Waste System Service Charge Provisions Contractors shall collect the City of Corpus Christi's Municipal Solid Waste System Service Charge for waste. delivered to the Landfill for all solid waste originating within the City's corporate limits. Contractors shall make reasonable efforts to determine whether or not a load of solid waste originated. within the City's corporate limits. All Municipal Solid Waste Service Charges collected shall be remitted to the City of Corpus Christi Solid Waste Operations on the first and fifteenth of every month. In consideration of the Services provided by Contractors under this Agreement, the City shall remit to Contractors ten percent (10%) of all Municipal Solid Waste System Service Charges collected by Contractors.during the previous month on the last Business Day of every month. 20 EXHIBIT C Contractors' Insurance Information 21 buS c AGENDA MEMORANDUM NaPOwa;tia First Reading Ordinance for the City Council Meeting of October 22, 2013 1852 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: October 9, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM(a)-cctexas.com 361-826-1972 Michael Barrera, Assistant Director of Financial Services mikeb(a)cctexas.com 361-826-3169 Appropriating Funds for and Awarding a Route Optimization Program for Refuse and Recycling Collection Service Agreement CAPTION: Ordinance appropriating $335,196 from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029915 by increasing appropriations by $335,196 in the No, 1020 General Fund; and awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. PURPOSE: Funding is appropriated for the purchase of a Route Optimization Program for Refuse and Recycling Collection. The software will optimize refuse and recycle collection routes to attain efficiencies in providing these services. BACKGROUND AND FINDINGS: Initially, the route optimization program was submitted by the Solid Waste Operations department as a Decision Package during the FY 2012-2013 budget process, with an estimated cost of $100,000 to $425,000. The program was approved to proceed, and $265,000 was identified in the FY 2012-13 General Fund Budget to fund the program. The amount of $265,000 was an estimated cost based on the midpoint of the $100,000 to $425,000 range. The lengthy process to solicit and evaluate proposals has delayed awarding the contract until this date. The $265,000 in funding, identified in FY 2012-13, was not spent or encumbered, and is now part of the existing General Fund's Fund Balance. ALTERNATIVES: The City received two proposals for this service. WM Logistics, LLC has been chosen as the most advantageous proposal for this service. The competitor does not have GPS tracking as a component of their software and just recently have released a prototype mobile device that has not been proven overtime. OTHER CONSIDERATIONS: Service will be divided into two phases. The initial phase will consist of a pilot program that will test the system on five refuse collection routes designated by the City. If the pilot proves to be successful, Phase II will be rolled out to the entire fleet of refuse and recycle trucks. Software will be used to configure route sizes, sequence and optimality in regards to pick up and disposal requirements. The program provides mobile devices in each of the front line trucks that will give the driver a visual representation of the route as it is being worked. GPS tracking will also allow administrative staff to monitor the progress of drivers throughout the day and make coverage adjustments as conditions dictate. The 3 month pilot program will cost of $33,784 and if successful, the full roll out will cost an additional $310,412. Annual Maintenance in the amount of $43,812 will also be provided for customer support and software upgrades for four years following the initial year of the full roll out. Approval of this program will yield a net savings in the resources dedicated to recycling and refuse collection by the Solid Waste Operations department. CONFORMITY TO CITY POLICY: This ordinance and award conforms to all State Statutes and City policies governing funding and procurement activities of the City. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: City Attorney, Finance, Budget and Strategic Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013 Expenditures - 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 175,248 175,248 Revenue Encumbered / Expended Amount This item $335,196.00 $335,196.00 BALANCE $335,196.00 $335,196.00 Fund(s): #1020 —General Fund Comments: The $175,248 shown above for years two through five of the agreement will be requested during the normal budget process. RECOMMENDATION: Staff recommends the City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Summary Matrix ORDINANCE APPROPRIATING $335,196 FROM THE UNAPPROPRIATED FUND BALANCE IN THE NO. 1020 GENERAL FUND INTO THE OPERATING BUDGET OF THE SOLID WASTE DEPARTMENT IN THE 1020 GENERAL FUND FOR THE PURCHASE OF A ROUTE OPTIMIZATION PROGRAM FOR REFUSE AND RECYCLING COLLECTION; CHANGING THE FY 2013-2014 OPERATING BUDGET ADOPTED BY ORDINANCE 029915 BY INCREASING APPROPRIATIONS BY $335,196 IN THE NO, 1020 GENERAL FUND; AND AWARDING A SERVICE AGREEMENT TO PROVIDE SOFTWARE, HARDWARE AND INSTALLATION OF A ROUTE OPTIMIZATION PROGRAM WITH WM LOGISTICS LLC, MAGNOLIA, TEXAS, IN ACCORDANCE WITH BID INVITATION NO. BI-0156-13, BASED ON MOST ADVANTAGEOUS PROPOSAL, FOR A TOTAL AMOUNT OF $335,196. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $335,196 is appropriated from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed by increasing appropriations by $335,196 in the No. 1020 General Fund. Section 3. That the following purchases are approved: awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor City of Corpus Christi Route Optimization Program October 22, 2013 BI-0156-13 Summary Matrix WM logistics, LLC RouteSmart Technologies Available Points Magnolia, Texas Columbia, Maryland Methodology 20 17.76 12.17 Profile 30 24.17 20.75 Price 40 38.18 40.00 Exceptions 10 5.00 0.00 Score 85.11 72.92 Cost $335,196 $319,620 (1) Incomplete (1) Pricing does not inlcude GPS tracking software. NCVI N YY p!X.hryPEP AGENDA MEMORANDUM First Reading at the City Council Meeting of October 22, 2013 Second Reading at the City Council Meeting of October 29, 2013 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP @cctexas.com (361) 826-3082 Ordinance appropriating Hotel Occupancy Tax Funds for Convention Center Capital/Maintenance at the American Bank Center. CAPTION: Ordinance appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/ Maintenance at the American Bank Center; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. PURPOSE: The purpose of this agenda item is to appropriate funds relating to Convention Center Capital/Maintenance at the American Bank Center. BACKGROUND AND FINDINGS: At the end of FY 2012-2013, there was $1,591,601.36 remaining in the Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center. This agenda item will appropriate these funds so that they can be expensed in current fiscal year, FY 2013-2014. ALTERNATIVES: Not appropriating funds remaining from FY 2012-2013; appropriating by individual expense as it occurs. OTHER CONSIDERATIONS: Contracts will be brought forward by the Engineering Department later in the year. This appropriation will make those funds available. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: • Financial Services Department • Legal Department FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-14 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,559,797.86 $3,559,797.86 Encumbered / Expended Amount $547,415.76 $547,415.76 This item $1,519,601.36 $1,519,601.36 BALANCE $4,531,983.46 $4,531,983.46 Fund(s): Fund 1030 "Hotel Occupancy Tax Fund" COMMENTS: N/A RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: N/A Page 1 of 2 Ordinance Appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $1,591,601.36 is appropriated from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund, for Convention Center/Maintenance at the American Bank Center. SECTION 2. That the FY 2013-2014 operating budget adopted by Ordinance 029915 is amended to increase expenditures by $1,591,601.36. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-HOT Fund Appropriation Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-HOT Fund Appropriation 1i S AGENDA MEMORANDUM CORPOR First Reading Ordinance for the City Council Meeting Vf October 22. 2O13 ^`--1852~' Second Reading [>nd\naOca for the City (}0uDd| K8eohOg of October 29. 2013 DATE: October 4. 2U13 TO: Ronald L Olson, City Manager FROM: Laura Z. BarcY��LibraryDirector O20-7O7O Ordi ance ratifying the acceptance of a$7,525 grant from the Texas State IJibrary and Archives Commission (I CAPTION: Ordinance ratifying the acceptance Dfm $7.525 grant from the Texas State Library and Archives Commission /TSLAC\ and execution ofthe contract and all related documents with TQLACtO participateinthe |mpa(tGrantP[DgramfVrtheperiOdofSepternber1. 2013throuQh &ugust31. 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No 1068 to continue the TSLAC Impact Grant Program through the period of September 1, 2013 through August 31. 2U14. To enhance and expand family and early childhood literacy programs offered by Corpus Christi Public Libraries. FINDINGS:BACKGROUND AND Corpus Christi Public Libraries was awarded a competitive grant from the Texas State Library and Archives Commission. These federal funds originate from the Institute of Museum and Library Services (|K8LS) Family literacy programs are an integral component Vf library services. Corpus Christi Public Libraries will purchase touch-screen tablets (approximately 35) to expand its children's program slate by introdudng Tech Time Story Time. This interactive story time will have a technology component which will focus on enhancing family and early childhood literacy skills. To reinforce the sk|||8 modeled during Tech Time Story Time the tablets will be made available for in-house use to caregivers attending this program The tablets will also be used to expand game day programs. ALTERNATIVES: None CONSIDERATIONS:OTHER Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: o Operating X Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,525.00 $7,525.00 BALANCE $7,525.00 $7,525.00 Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: IMPACT Grant Contract. Ordinance ratifying the acceptance of a grant in the amount of $7,525 from the Texas State Library and Archives Commission ("TSLAC") and execution of a contract and all related documents with TSLAC to continue the TSLAC Impact Grant Program for the period of September 1, 2013 through August 31, 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No. 1068 to continue TSLAC Impact Grant Program BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The acceptance of the TSLAC grant in the amount of $7,525 and the execution of the contract and all related documents with TSLAC to participate in the Impact grant Program for the period of September 1, 2013 through August 31, 2014 is ratified. SECTION 2. That $7,525 from the TSLAC is appropriated in the Library Grants Fund No. 1068 to continue the TSLAC Impact Grant Program through the period of September 1, 2013 through August 31, 2014. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor TEXAS STATE LIBRARY &ARCHIVES COMMISSION IMPACT GRANT PROGRAM Grant Number:47544009 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission(TSLAC) . Grantee: City of Corpus Christi,Corpus Christi Public Libraries 805 Comanche St Corpus Christi,TX 78401 II. TERM OF GRANT September 1,2013,through August 31,2014(SFY 2014) M. STATEMENT OF SERVICES TO BE PERFORMED, Grantee shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and federal goals.The Grantee must report information relating to best practices and performance outcomes.The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (impact Grant for State FY14) as approved by the Grantor. The approved grant application submitted by Grantee is incorporated into this contract as if fully set forth herein. In the event of any conflict between the grant application and this contract,this contract shall prevail. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A- The total amount of the grant shall not exceed:$7,525.00 B. Source of funds: Federal Funds,CFDA#45.310:Federal Award#iLS-00-13-0044-13 Institute of Museum and Library Services,State Library Program(IM1.S) Federal Fiscal Year 2013 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds form (RFF) via the electronic TSLAC Grant Management System(GMS),located at https://gms.tsl.state.tx.us/.Requests may be submitted to Grantor no more often than once per month,and no less often than once per quarter.Funds will be processed and paid to the Grantee provided Grantor has received a fully executed contract,and Grantee has fulfilled all reporting requirements for current and preceding contracts and submitted supporting documentation with the RFF. D. The Grantee is restricted to one of two methods for requesting funds from Grantor.The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle,or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. When submitting an RFF for reimbursement,the Grantee must provide Grantor with documentation,such as invoices,time sheets, and/or pay stubs, to support the amount requested before payment will be processed.Grantee must submit the final request for reimbursement no later than September 30,2014, F. The Grantee may not obligate or encumber grant funds after August 31,2014. All obligations and encumbrances must be liquidated or paid no later than October 15,2014. & Interest earned in excess of $100 on advanced funds, must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards(UGMS). All unexpended grant funds must also be returned to Grantor with the Final Financial Status Report(FSR) per requirements in UGMS,Section ill,Subpart D,Sec 50(d)(2), See Section VI, B. of Ahis contract for FSR due dates, As part of the reporting requirements in Section Vl,the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce any unexpended balances,including reducing the grant amount specified in Section IV,A-above, H. Per the approved grant application,funds are authorized according to the following budget: Personnel $0.00 Frinee Benefits $0.00 Travel $0.00 . F4W12menLIPrcioertX $6,750.00 Supplies $125,00 ContEactual $650.00 Other $0.00 Total $7,525.00 l' 7 fIry '14 Ir J, FY 2014 Impact Grant 1 of 7 TSI-Ai7 V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section.Grantee must submit a request for Budget and/or Program Revision electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed the total grant amount_Grantor must receive all change requests on or before July 15,2014.Requests received after this date will generally be denied, but.may be considered on a case-by-case basis if extenuating circumstances exist. Grantee must submit a Budget and/or Program Revision to Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes require an approved Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten(10)percent of the total grant;and/or, 2. Transferring any funds into a budget cost category that currently equals zero(SO);and/or, 3. Expending any program income earned through the utilization of resources funded by this grant;and/or, 4. Changing the items listed in the approved budget categories if an Item's cost or features are substantially different from what the approved grant application specifies,or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application require an approved Program Revision under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant;and/or, 2. Changing the scope or objectives of the approved program,regardless of whether there is an associated budget revision.A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A If conditions described in Section V. A 1 are met, fiscal changes to items listed in the Equipment/Property Budget category specified in Section IV.G of this contract require a Budget Revision.This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired.Ancillary charges such as taxes, ,duty, protective in-transit insurance, freight, and installation may be included in or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices(GAAP) B. The Grantee will comply with UGMS Part 111,Subpart C,Sec.32(d)(3)requiring certain items of equipment to be maintained on inventory ifthe.item'scost is between$500 and$1000. C. The Grantee agrees to submit the most current TSLAC Equipment/Property Report electronically via the TSLAC GMS with the Final FSR,but no later than October 31,2014,for all equipment/property purchased with grant funds during the SFY14 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III,Subpart C,Sec.32,title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow the UGMS Part 111, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor.When property is vested in the Grantee,Grantee will dispose of equipment/property in accordance with the UGMS Part III,Subpart C,Sec.32(e).When the Grantee has been given federally-or state-owned equipment/property,Grantee will follow the UGMS Part 111,Subpart C,Sea 32(f). VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services.In accepting these grant funds,the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor,as outlined in the approved grant application.Therefore,the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor.To comply with these requirements, the Grantee agrees to submit reports that are timely,accurate,auditable,and consistent with definitions. A. The Grantee agrees to submit performance reports detailing grant-funded activities via the TSLAC GMS on or before due dates listed in the following schedule. In the event that a due dale falls on a weekend or state holiday, the respective report will be due.on the next business day. Grantee agrees to submit Legislative Budget Board (LBB) measures as defined by TSLAC in the reports,and to work with agency staff in the development and reporting of Project outcomes. Reaortine Period Due Date P1(September 1,2013—February 28,2014) March 7,2014 P2(March'I,2014-August 31,2014) September 7,2014 FY 2014 impact Grant 2 of 7 T51-AC B. The Grantee agrees m submit Financial Status Reports via ft TSLAC GMS onmbefore the due dates listed inthe following schedule.In the event that odue date falls nn a weekend or state hoUday he respective report will be due on the next business day.Grantee should submit oFinw|FSd once all giant funds have been expended and reimbursed. Reportina Period Due Date PI (September 1,20x3—February 28,2014) March 3l`20/4 P2(March l,20l4'August 31,2014) 8enuimber 30,z0/4 |n the event the Grantee has not received the final reimbursement by August 31,2Ol4.ofinu|ySB must te submitted nolater than October Jl,28l4,to,report any funds received after August 3l.2U|4. C. 7hn Grantee agrees to submit the Grant Checklist report form our the grant funded under this contract no later than October 31,2U%4. D. 'Me Grantee will send the Grantor copy of all management letters issued by an auditor with the rU package. As specified in UGMS Part IV,Subpart B,Sec.235(c),the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's repori(s),or nine months after the end of the audit period,unless a longer period is agreed to in advance by the slate agency that provided the funding or a different period is specified in a pTogram-specific audit guide.The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. E. The Grantor reserves the right m withhold final paymmooUisGmmunh|al| requimdmportsmvsubmiued. V01. GENERAL TERMS ANDCONDMK»NS A. Thv Grantee will comply with the Impact Grant Program Guidelines for SFY2O]4. B. The Grantee will Fumpiv with the Qv|rs for Administering UnlmpnctGmnt,Texas Administrative Code, Title 13, Part l. Chapter 2, Gvbcbu W C, Division 7, Rules 2.910-2.912; and Title 13, Part I' Chapter 2, Subchapter C, Division /. au|co 2.110-2.119 regarding General Grant Guidelines. C The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards(UGMS) (www.govemor.state.�cuslfileslsiate-grantslUGMS062004.doc),Code of Federal Regulations(CFR) (www.ecfr.gov),and.federal Office of Management and Budget(OMB)'grants circulars (l) Cost Principles for State, and Local Governments and Other Affected Entities(UGk4O.Section D| adapted from OMB Circular A-87(20R225))wc Cost Principles for Educational Institutions(2CFR27-0(OMB Circular A-210nr Cost Principles for Non-Profit Organizations(2 CFl230(OMB Circular A-122)); (q State Uniform Administrative Requirements for Grants and Cooperative Agreements(UGMS,Section III;adapted from OMB Circular&'l04or Uniform Administrative Requirements for Grants and Agreements With Institutions o{Higher Education, Hospitals, and Other Nnn'Pmfi(Organizations(ZCFR 215(OMB Circular A-Il0));and (]) State n[Texas SioQ|**Audi/Circular(UGMS'Section IV;adapted from OMB Circular A'l33}. D. The 0omtuc will comply with OOMS Part oll. Subpart C, Sec. 34 Copyrights. [MLS and T8LAC reserve a myu|ry'Uze� noncxclusive,and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use, for Federal'or state government purposes: (a)The copyright in any work developed under a granL subgrant,or contract under a grant or subgrant;and (b)Any rights of copyright m which u8mmer,subgrunteev,u contractor purchases ownership with grant support. E. All pvb|{6,y ndaUog to the grant mvund must include acknowledgement of the Institute of Museum and I-ihmry Services (kop:Vw*v°jmis.Qpv/rodpirnts/im|s acknow I edge men Laspx),and the Texas State Library and Archives Commission.Publicity includes,but io not limited/o press releases,media events,public events,displays iu the benefiting library,announcements uo.Uo Grantee's website,and materials distributed through the grant project The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final Performance Report. F. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Avdhn,t Office,v,any successor agency,m conduct=v audit or(rivestigation in U with those funds,Granice further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested.Grantee will ensure that this clause concerning the authority m audit funds received indirccUy hySub- grantees through Grrintee and the requirement to cooperate is included in any sub-grant awarded. O. Tkc Grantee agrees to maintain all financial and programmatic records, supporting documents, mudxJqd ^xo,d», and vW,, records relating to this grant award for three years after the last State Program Report for the Texas LSTA 5-Yaur Plan 20l]2O|7 is submitted on Mcember 31,2018,The Grantee must maintain all.grant related records through December 31,202L In the event the Grantee or receiving entity no longer exists,the Grantee will notify the Grantor In writing providing the oxunemf The legal entity that will maintain the cnnreux and the location ur said records. rvzm^Impact Grant 3"/z roLAc H. This grant may be terminated by written notice and mutual agreement of both parties.The termination notice must be given no less than 30 days prior,to,the termination date.Where notice of termination is given,the Grantee shall: 1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner.Grantee will complete reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted funds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to Grantor according to processes established in Section IV of this document and according to a timeline mutually agreed upon by both parties. In the event the Grantee loses all staff prior to the end of the grant period or the termination date;whichever is earlier,the Grantee is obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. IX. ENFORCEMENT A. Remedies for noncompliance— Ira Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation,an assurance in a state plan or application,a notice of award,or elsewhere, Grantor may take one or more of the following actions or impose other sanctions as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee,or more severe enforcement action by Grantor; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; 4, Withhold further awards for the program;or 5. Take other remedies that may be legally available: B. Hearings.appeals--In taking an enforcement action,Grantor will provide the Grantee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the'action involved. C. Effects of suspension and termination—Costs to Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after terminntion of an award are not allowable unless Grantor expressly authorizes.Other Grantee or Sub-grantee costs during suspension or after termination that are necessary and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations properly incurred by the Grantee or Sub-grantee before the effective date of suspension or termination are not in anticipation of it and in the case of a termination,are noncancelable;and, 2. The costs would be allowable if the award were not suspended,or expired normally at the end of the funding period. D. Relationship to Debarment and Suspension—The enforcement remedies identified in this Section, including suspension and terminatlon,do not preclude Grantee or Sub-grantee from being subject to"Debarment and Suspension"under Executive Order 12549(see UGMS Part 111,Subpart C,See 35)and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and/or program revisions, performance reports, and equipment/propgrty should be directed to: Erica McCormick,Grants Administrator Phone:512-463-55271 Fax:512-936-23136 E-mail:emccormick(a)tsl.state.tx.us Questions or concerns about financial issues should be directed to: Rebecca Cannon,Manager,Accounting and Grants Phone: 512-463-6626/Fax:512475-0185 E-mail: rcannon0bil,state.tx.us Questions or documentation relating to required RNuests for Funds and Financial Status Reports should be directed to: Tamra Lavin,Grants Accountant Phone: 512463-5472/Fax:512-475-0185 E-mail:tlavin@tsl.state.tx.us or g_rants.accounling(@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR,an explanation of the purpose of the payment,and the grant number.This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin,TX 78711-2516 FY 2014 Impact Grant 4 of 7 TSLAC �oou mmmu�"mmmmmmimw nrv�rewu��umuwww��m�wiwm�m�,�mmrrmd""�mmmury uro ummimmmrim�m�nmm umoamuwM ouuummoummmu�mmmmw�s�uw,uu�uuuuuuuuuu 000mumuuuuuww ��wmmmooww u u�muuremmm.��;mm �muwwau�wm» XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. All duties of either party shall be legally performable-in Texas.The applicable law for any legal disputes arising out of this contract shall be the law of(and all actions hereunder shall be brought in)the State of Texas,and the forum and venue for such disputes shall be Travis County District Court. C. This grant contract is subject to the availability of funds. The Grantor may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. XII. GRANT CERTIFICATIONS A. Grantor certifies that;(1)the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations;(2) the services,supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder;and,(3)the grant is in compliance with Texas Government Code§441.006;Texas Government Code §441.135;Texas Administrative Code,Title 13;Part 1,Chapter 2; Subchapter C,Division 9,Rules 2.910-2.912,regarding the Impact Grant;Texas Administrative Code,Title 13,Part 1,Chapter 2,Subchapter C,Division 1,Rules 2.110-2.119 regarding General Grant Guidelines;the Library Services and Technology Act(LSTA);the State Plan for the LSTA in Texas;and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter,any economic opportunity, future employment,gift,loan,.gmtuity,special discount,trip,favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors,potential contractors,or parties to any sub-agreements. G The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress;an officer or employee of Congress,or an employee of it Member of Congress in connection with the malting of any Federal grant, the entering into of any cooperative agreement, and the extension,.continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions.The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shal I certify and disclose accordingly;as specified in Title 31 U.S.Code,Sec.1352. D. Grantee has pro vided to Grantor the mandatory Internet Safety.Certification (Certification) that it is in compliance with requirements of the Children's Intemet Protection Act(CIPA)for any Federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the IntemeL Grantee agrees to collect,as required and appropriate,Certification forms from all libraries receiving benefits of Federal funds expended under this contract. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or,voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549,Debarment and Suspension,34 CFR Part 85,Section 85510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180:335. Where the Grantee is unable to certify to any of the statements in this certification,the Grantee shall attach an explanation to this contract. F. The Grantee certifies that no Federal funds from this grant award will be made available for a public library,or public elementary or secondary school library that does not currently receive E-rate services,to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet,unless the library has certified compliance with the applicable CIPA requirements. Should Federal funds awarded as part of this grant be used to purchase computers for a public library,or public elementary or secondary school library that does not currently receive,E-rate services,to be used to access the Internet or pay for the direct costs of accessing the Internet,Grantee will ensure Certification forms are.remived from all libraries receiving benefits of Federal funds expended under thiscontract. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States('Title 17,U.S.Code). H. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass-through or other state-appropriated funds.(UGMS Part III,Subpart B,Sec. 14—State Assurances): (1) A subgrantee must comply with Texas Govemment Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or.to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,'prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. (2) A subgrantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994,unless otherwise expressly prohibited by law. (3) A subgrantee must comply with Texas Government Code,Chapter 551,which requires all regular,special or called meetings of governmental bodies to be open to the public,except as otherwise provided by law. FY 2014 Impact Grant 5 of 7 TSLAC (4) A subgrantee must comply with the Texas Family Code Section DU.10thatrequires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgmnlees shall also ensure that all program personnel are properly,trained and aware of this requiremea (5) Subgrante,es will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964 (RL 88-352) which prohibits discrirriin,ation on L he basis of race, color, religion or national,origin; (b)Title IX of the Education Amendments of 1972,as amended(20 Ul.S.C.§§1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S,C- §794),which pmhibits discrimination on the basis of disability and,the�Americans With Disabilides Act of 1990;(d)the Age Disctia-driation Act of 1974,as amended(42 11S.C.§§6101761n,,which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;(0 theCompreliensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitaflon Act of 1970(P.L 91- 616),as amended, relafing to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1.912(42 U.S.C.290 dd-3 and 290 ce-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.C.§3601 et seq.),as amended,relating to nondiscrimination in the,sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific stalute(s) under which application for Federal assistance is being mad e; and 0) the requirements of any other nondiscriinination statute(s)which may apply to the application. (6) Subgrantees will comply, as applicable, with the to 276a-7), the Copeland Act(40 O�.C.&§276c andm��§§874),and the Contract Work Hours and Safety Standards Act(40 U.S.0 §§327-333),regarding labor standards for Federally assisted construction oukugrennonts. (7) Subgrantees will comply with the provisions of the Hatch 9o|iboo| Activity Act(5 U.S.0 0733I-29)' that limit the political activity of employees whose principal employment activities,are funded in whole or in part with Federal funds. pV Sub ' will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act o[1V7O.auapplicable. (9) Suhguowmu will insure that the facilities under its ownership, lease v, supervision which shall bo utilized io the accomplishment of the project are not listed nnthe Environmental Protections Agency's(EPA)list of Violmi Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the prr�ect is under consideration for listing by the EPA.(FOI 038). (105h ox will assist the di in assuring compliance with Section lO0v[the National Historic Preservation Act of 1966, as amended o6�U.S.C. 470), EO 11593 ([duntiOmbon and protection of himvho pmpordcs), and the Archaeological and Historic Pre,nryuhon Act mfl974(16D.S.C46g,-lmmq.). (lqSuh&mn lees,will comply.with Public lun 103-277, also known as the.Pro-Children Act of 1994 (*c;, which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (12)Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and Federal tax forms. (13)Subgrantees will comply with all applicable requirements of al I other Federal and state laws,executive orders,regulation and policies governing this program. (14)Subgrantees.must adopt and implement applicable provisibits of the model HIV/AIDS work place guidelines of the Texas Department vf Health x^required by the Texas Health and Safety Code,Aoo,Sec.85.Q01'm/mq. ' ` ' . rYzom Imp=Grant 6 m7 TSLAc XIII. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of rpus Christii Corpus Ch isli Pu l"R'y ibraries Donna Osborne,Chief Fir]Office ignatu e( eret were d"enter into contracts) Date Typewritten or Printed Name Deborah Liar, ,Library DeveloprnenI and Networking Director Tidee�1 8/27/13 l f Date Date Erica cCormick,Grants Administrator 8/27/13 Date o Approved as to form: J �� By Assistant City Attorney For City Mornay FY 2014 Impact Grant 7 of 7 TSI.MC +mwu�ioioiw��muumoiw�00000iowmmwmwummmimmwu ry mmmmm�mimmmmrow�wurvam� i mmum�m��m�rmmummmmmmmmmi��mwmmim!�miwmmmuuuurvomwwioioioioioioioioion m��mwuurv��wiom�moi000uouoim�imm��oi�iw�w�m��o�� wwnmw�w��w��...x.o.N...N...... se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 22, 2013 Action Item for the City Council Meeting of October 29, 2013 0ORPOR 11 1832 DATE: 10/22/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha(a)-cctexas.com 361-826-3932 F_ Purchase of Specialized Equipment CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of $76,864.19 utilizing funds from the 2011 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. PURPOSE: The U.S. Department of Homeland Security awards annual grants to the State of Texas, who then award sub-recipient grants to local jurisdictions. The current grant was accepted by the City Council on December 13, 2011. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide medical and hazardous material emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man- made, natural disaster, and acts of terrorism. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $267,608.35 $267,608.35 Encumbered / Expended Amount $174,490.14 $174,490.14 This item $76,864.19 $76,864.19 BALANCE $16,254.02 1 $16,254.02 Fund(s): Fire Grant Fund 1062 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. �pUS CAA, 0 AGENDA MEMORANDUM 'yCOAPOFFik Future Item for the City Council Meeting of October 22, 2013 1$52 Action Item for the City Council Meeting of October 29, 2013 DATE: 9/1712013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7203 Vital Statistics Unit Grant FY 13-14 CAPTION: A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State; and to ratify acceptance of the contract to begin as of September 1, 2013. PURPOSE: This Vital Statistics Unit of the Health Distict and Department of State Health Services (DSHS) formalizes an agreement for the administration of duties and for the payment of record fees due to DSHS, BACKGROUND AND FINDINGS: The Vital Records office at the Corpus Christi-Nueces County Public Health District (CCNCPHD) issued about 18,000 birth certificates, 2,000 death certificates and 5,000 duplicate death certificates for FY 12-13. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database for a fee of $1.83 for each copy printed when needed. In FY 12-13, Vital Records made over 5,000 copies from the State database. In addition to the fees paid to the State, the City of Corpus Christi allocates $1.00 to the CCNCPHD for record retention from the plastic cover sales. The current fee for a birth certificate is $23.00, death certificate is $21.00, duplicate death certificates are $4.00 and plastic cover fees are $2.00. These fees are set by the DSHS Program Vital Statistics Unit. ALTERNATIVES: Discontinue Vital Statistic Unit Division at the Corpus Christi-Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of revenue funds EMERGENCY 1 NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: u Operating n Revenue u Capital X Not applicable Project to Date Fiscal Year: 2013 Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): 1020 General Fund The Vital Stats department receives revenue less the state fees. The state fees go directly to a liability account for payment to the state. Birth Certificates$23.00 18,625 $428,345.00 Death Certificates$21.00 1,919 $40,299.00 Death Certificates$4.00 5,242 $20,968.00 Plastic Sleeve$2.00 7,722 $15,444.00 Total Revenue $505,86.00 Total State Charges$1.83 4,925 $9012.75 DEPARTMENT REVENUE $514,098.75 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 2014-044162-001 Ordinance TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street•Austin,Texas 78756 E Q)Eik rQ P.Q.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D, ?,' T 1-888-963-7111 •www,dshs.state.tx.us COMMISSIONER TTY: I-800-735-2989 Dear Contractor: Enclosed are two originals of your Department of State Health Services (DSHS) contract. Please sign both originals, keep one for your files and return one to me as soon as possible. Changes made to any portion of the contract documents are considered a counter-offer and are not valid without DSHS written concurrence. PLEASE NOTE: Return one copy of the contract in its entirety to the address below. Contracts returned to any other address may result in contract delays. Mailing Address for Regular Mail: Physical Address for Overnight Mail: Client Services Contracting Unit MC 1886 Client Services Contracting Unit MC 1886 Department of State Health Services Department of State Health Services PO Box 149347 1100 West 49°i Street Austin, TX 78714-9347 Austin,TX 78756 Attention: Vonda White Attention: Vonda White Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, please contact Vonda White at 512-776-2907 or via email at vonda.whitendshs.state.tx.us. Sincerely, �� 441n� Bob Burnette,Director Client Services Contracting Unit Enclosures An Equal Employment Opportunity Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-044162-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI (Receiving Agency), a Government Entity. (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed. 3. Term of the Contract. This Contract begins on 09/01/2013 and ends on 08/31/2015. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on-line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. Page - 1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish applicable software programs, and provide technical assistance related to equipment and programs under control of the Performing Agency. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key-entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 831100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 8. Billing Instruction. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. Page - 2 Name: Texas Department of State Health Services Vital Statistics Unit, MC2906 Address: P. O. Box 149347 Austin,Texas 78714-9347 Vendor Identification Number: 35375375371000 9. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 10. Security of Patient or CIient Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on-line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 11. Suspension of Services Under This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 12. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 13. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Page - 3 Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 14. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs..state.tx.us/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. D. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. F. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Page -4 G. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. H. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. I. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. I Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. K. Credits. Performing Agency will handle credit requests on a case-by-case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 15. Entire Aereement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. Page - 5 DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI Ye By: Signature of Authorized Official Signature Date Date Bob Burnette, C.P.M., CTPM Printed Name and Title Director, Client Services Contracting Unit Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Telephone Number Bob.Bumette@dshs.state.tx.us E-mail Address for Official Correspondence Page - 6 GdidpR'cpM M1ry�p xs AGENDA MEMORANDUM Future Item for the City Council Meeting of October 22, 2013 Action Item for City Council Meeting October 29, 2013 DATE: 10/9/2013 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe(a)-cctexas.com Eddie Ortega, Director of Neighborhood Services EddieOCa)-cctexas.com FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com Resolution amending City Council Policy No. 9 - Community Development Block Grant (CDBG) and HOME Programs CAPTION: Resolution amending Council Policy No. 9 - Community Development Block Grant (CDBG) and HOME Programs, by revising the language and reaffirming the objectives and guidelines of the policy. PURPOSE: The purpose of amending Council Policy No. 9 is to: • Insert the "CDBG" acronym in section a. • Amend section e. to clarify the time that must elapse before an agency can re-apply for CDBG Program funding. • Amend section f. to specify that Program Income generated from the Demolition and Clearance of Vacant Property Programs will be applied to each program's revolving fund. • Add section g. stating that the annual funding for CDBG and HOME Programs administrative functions will be approved to ensure the essential operations of the department are met in accordance with the department's Mission. • Reaffirm the City's commitment to the objectives and guidelines for CDBG and HOME Programs. BACKGROUND AND FINDINGS: The Neighborhood Services Department is requesting passage of a Resolution amending City Council Policy No. 9. Some of the more significant changes include: The change to section e. clarifies that two fiscal years must elapse before an agency can re-apply for CDBG Program funding. This will allow additional non-profit agencies to apply for funding for eligible projects that serve low- and moderate-income population in the community. The change to section f. adds a provision that Program Income generated from the Demolition Program and the Clearance of Vacant Property Program will be applied each program's revolving fund. This Program Income partially funds the requested amount of CDBG funds each funding cycle and does not fully fund the programs. CDBG entitlement funds are also provided to each program to ensure funding is available to carry out each program. The addition of section g. states that annual funding for the City's CDBG and HOME Programs administered through the Neighborhood Services Department be approved in order to ensure the essential operations of the department are met in accordance with the department's Mission, as well as the federally approved 5-year Consolidated Annual Action Plan. The department is required to annually meet various objectives indicated in the plan in order to fully comply with regulations set forth by the U.S. Department of Housing and Urban Development. The objectives are comprised of each of the programs which are administered by the department. ALTERNATIVES: Do not pass the Resolution to amend Council Policy No. 9. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Project to Date Fiscal Year: 2013- Expenditures Current 2014 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Council Policy No. 9 Resolution Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g.; and reaffirming the objectives and guidelines of the policy. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby amends Council Policy No. 9, adopted by Resolution No. 21901 on March 22, 1994, and later amended by Resolution No. 026055 and 026571 on December 14, 2004 and December 20, 2005 respectively, by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g. to read as follows: "9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No rnmm--pity De„e'GpMeRt BIGGk Grant CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e We indi„id-Hall„ f- Rded (`DBG Prnien+ ,.Dill he eligible External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding fer o minim--m of twe yeorc from the rlote of its last f--ndinn until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. {T-h+s eXGl -rtes prnientc which are Gpenifinolly donod fer several doors of (`DBG f---nrlinn 66Inh eo a o4reet nreien4 Whinh h.Ao i4o n er 6lrnrQed ene deer -Anal 41; nreno4n,r+i.,n the ReXt (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Single Family Rehabilitation and Reconstruction Loan Program. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Neighborhood Services Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission." Section 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No. 9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas day of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott